Lawsuit: Coastal Homeowners Can’t Be Held Hostage to Erosion

As Shoreline Erodes, Bureaucrats Bar Homeowner from Protecting Property

Bellevue, WA; February 13, 2008:  In a property rights case with implications to the entire Puget Sound region, and beyond, Pacific Legal Foundation (PLF) today announced a lawsuit to force Whatcom County to comply with Washington State law, and permit a homeowner to protect her residence against destruction from shoreline erosion.

“State law gives property owners the right to protect their homes from damage or loss from shoreline erosion, but Whatcom County has adopted a blanket prohibition against such shoreline protection,” said Brian T. Hodges, attorney with the PLF’s Northwest Center, who is representing homeowner Victoria Luhrs.  “That’s why we’re challenging this municipal code.  Otherwise property owners like Vicki will be forced to sit by and watch as their land is eroded and their homes are destroyed, when simple protection measures could preserve their property.”

Currently, Whatcom County does not allow property located on a bluff to be protected – under any circumstances – from damage or loss as a result of shoreline erosion.  The Army Corps of Engineers and expert geologists have determined that the shoreline in front of Luhrs’ home suffers from accelerated and violent erosion and nothing less than a rock revetment will protect her property from this risk.  But instead of allowing her to build shoreline armoring, county officials say she must use inadequate soft, bio-engineered methods such as planting grasses along the sheer bank.

In 1992, Luhrs bought her dream retirement property on Lummi Island, Washington.  The property had a quaint 1925 home located on an island bluff facing Hale Passage, North of Puget Sound.  Luhrs secured all of the necessary permits to update the home.  However, it soon became apparent that rapid and violent shoreline erosion threatened the property.  This was the beginning of what has turned into a decade-long battle to save her dream home from ravages of the sea – and the stubbornness of government bureaucrats.

“Given local officials’ stubbornness for the past number of years, Vicki has opted to pursue an appeal in state court,” continued Hodges.  “We believe the court will side with the rights of property owners – and the commands of state law – over the county bureaucrats’ eroded sense of logic and justice.”

About Pacific Legal Foundation
Pacific Legal Foundation (www.pacificlegal.org) is the oldest and most successful public interest legal organization that litigates for property rights, limited government, and a balanced approach to environmental protection, in courts across the country.