State court upholds Liberty Lake man’s fine for illegal building

DEPARTMENT OF ECOLOGY NEWS RELEASE

SPOKANE – The state of Washington’s Court of Appeals has upheld a $30,000 fine that was issued to Lloyd Herman of Liberty Lake several years ago for building and developing on the shoreline without authorization.  In addition, Herman must remove the unpermitted construction on his lakeside property. 

The state Department of Ecology (Ecology) issued the $30,000 penalty in May of 2004. Herman built a large bulkhead, expanded a deck and a concrete platform, built a substantial building on the shoreline, and installed a concrete stairway and numerous retaining walls, all without the proper shoreline permits.

“This is a victory in our ongoing work to protect shorelines from inappropriate development,” said Attorney General Rob McKenna. “Thanks to the great work of Assistant Attorney General Thomas Young and our clients at the Department of Ecology, we’ve affirmed that development must be permitted, properly planned and balanced with environmental protection.”

Herman appealed his fine, and the order to remove much of the unpermitted development, to the state’s Shoreline Hearings Board.  The hearings board upheld Ecology’s penalty and order, but suspended a portion of the penalty on condition that Herman restores the site.  Herman appealed that decision to Spokane County Superior Court.  The Superior Court found that Herman did not need permits for the development and that most of the development should remain in place.  Ecology appealed that decision to the Court of Appeals. 

This decision by the state Court of Appeals calls the Superior Court’s decision “wrong” and upholds the 2004 Shoreline Hearings Board decision. 

Herman will now need to comply with that decision by paying the original fine and removing unauthorized structures as directed by the Board. Mr. Herman has 30 days to seek review of the decision with the Supreme Court.

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Media Contacts:
Cathy Cochrane, 509-329-3433; cell, 509-290-0685; e-mail, ccoc461@ecy.wa.gov or
Jani Gilbert, Communications, 509-329-3495; cell, 509-990-9177; e-mail, jagi461@ecy.wa.gov 

For more information: http://www.ecy.wa.gov/programs/sea/shorelan.html

Ecology’s Web site: http://www.ecy.wa.gov