Flood Laws and Private Property Rights

Wahkiakum County Eagle
September 25, 2008

Judge Hears Flood Law Pleas
By Rick Nelson

Wahkiakum County Superior Court Judge Michael Sullivan may rule next week on Rosburg resident Raven Webb’s suit to force Sheriff Dan Bardsley to enforce the county’s flood plain ordinance.
Webb claims non profit organizations have altered the Grays River flood plain, causing an increase in flood flow that has repeatedly flooded her residence. The county’s flood zone ordinance bars actions which increase the flood flow, she said in her pleadings, and she asked the court to order Bardsley to enforce the law.
Representing Bardsley, Prosecuting Attorney Dan Bigelow has responded that the ordinance does not specifically put enforcement duties on the office of the sheriff. He asked that the action be dismissed, and Sullivan held a hearing on Monday to consider arguments.
Sullivan said he had read the file and wondered why Webb hadn’t sued Columbia Land Trust, whom she blames for the flooding. He added that long established precedents in Washington, you can’t force elected officials to do something.
Webb responded that she has no other responded that she has no other remedy with out public officials upholding the ordinance, she and other residents in the area will be harmed, she said, she once hired an attorney, but negotiations went nowhere, she said.
Why don’t you take the extra step and include Columbia Land Trust” Sullivan asked. She could ask for an injunction to stop Columbia Land Trust activities until the case was settled.
The US. Constitution state constitution and Revised Code of Wahkiakum County spell out the duties of officials to enforce laws, she replied.
When asked for his comments, Bigelow replied they were contained in the file, but briefly the sheriff has neither the duty nor the authority to enforce the ordinance.
Who does? Sullivan asked, and Bigelow explained that the ordinance dealt with licensing and permitting issues that would be county departments, and that the prosecutor also could take action on violations. Bigelow added that he has toured the area as part of an investigation.
I’ll consider your argument that the sheriff has a mandatory duty to enforce an ordinance even if he’s not specifically listed,” Sullivan said to Webb.
“It’s an interesting point; I’ve never seen that argument before”. Sullivan said he would allow both parties to file additional arguments up till 3pm Friday. The court clerk would then send the files to him and he would rule after that.