This has been going on for years, and each time we thought we had buried that ghoul, it popped up again. Maybe this time it is finally buried. Those on the south end will remember the large and ugly clearcut on Cultus Bay Road. That was the work of J&D, developers out of Snohomish. They worked out a business model which involved logging land under a state DNR permit, which allows for trashing critical areas (wetlands, steep slopes) on the theory that in the 50 years it takes to grow another stand of trees, the critical area will recover. Right. Island County has preventive rules. If you don't trash it, you won't have to fix it later. So J&D gets the DNR permit which allows the trashing – but then says you can't develop for 6 years. Then they come to Island County to say they've changed their minds and want to develop after all. Island County rules (courtesy of WEAN) say that if you have damaged the critical area while logging, you have to fix it before they will lift that development moratorium. J&D insisted that Island County had no right to make such a demand. They went to the Growth Management Hearings Board – and then dropped out the day before the hearing. Then they went to the Island County Hearings Examiner – and we wiped the floor with them. So they went to the Snohomish County Superior Court – which has just tossed their case. What's a poor developer to do?