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BOARD OF COUNTY COMMISSIONERS <br /> COUNTY OF KITTITAS <br /> STATE OF WASHINGTON <br /> Resolution No.2025 <br /> A RESOLUTION CONCERNING THE SETTLEMENT WITH THE YAKAMA NATION PERTAINING <br /> TO THE KITTITAS COUNTY CODE <br /> TITLE 17A,CRITICAL AREAS ORDINANCE <br /> WHEREAS: On December 71,2021,Kittitas County adopted Ordinance No.2021-016 adopting the Kittitas <br /> County Critical Areas Ordinance(CAO);and <br /> WHEREAS: the Yakima Nation(Petitioner)filed a petition for review with the Eastern Washington Growth <br /> Hearings Board(GMHB)on February 11,2022,Case No. 22-1-0002;and <br /> WHEREAS: On July 28',2022,a hearing on the merits was held;and <br /> WHEREAS: On September 71,2022,the GMHB issued a final decision and order in favor of Kittitas County on <br /> each issue;and <br /> WHEREAS:the Petitioner filed an appeal of the GMHB's decision to Superior Court in Thurston County; and <br /> WHEREAS: On March 20,2023,the Thurston County Superior Court certified direct review to the Division II <br /> Court of Appeals,where the Division II Court of Appeals transferred review to the Division III court under Case No. <br /> 396711;and <br /> WHEREAS: In July of 2024 the Kittitas County and the Petitioner entered settlement discussions over the next <br /> eleven(11)months,which included numerous meetings and correspondence from July 2024 through May of 2025 <br /> with the Yakama Nation;and <br /> WHEREAS: On June 31,2025,a joint status report was issued to the Division III Court of Appeals,where both <br /> Parties(Kittitas County&Yakama Nation)confirmed settlement negotiations have concluded regarding Case No. <br /> 396711,which will necessitate an amended Ordinance; and <br /> WHEREAS:the Parties believe that the amended Ordinance is in the best interests of their respective clients and <br /> also complies with the requirements set forth in the Growth Management Act. <br /> NOW,THEREFORE,BE IT RESOLVED That the Kittitas County Board of County Commissioners,hereby <br /> acknowledges the settlement agreement and directs the Community Development Services Department to initiate the <br /> next steps for formal approval of the amended Ordinance. <br /> ADOPTED this day 2025. BOARD OF COUNTY COMMISSIONERS <br /> KITTITAS COUNTY,WASHINGTON <br /> Chairman <br /> Vice-Chairman <br /> Commissioner <br /> Clerk of the Board/Deputy Clerk of the Board <br />