Whidbey Environmental Action Network v. City of Oak Harbor: Washington Appeals Court Revives SEPA Challenge to Park-Land Ordinance Passed for a 107-Room Home2 Suites Hotel

A Washington appeals court held that Oak Harbor's ordinance easing the sale of park land for a 107-room Home2 Suites hotel parking lot needed environmental review under SEPA.

On October 19, 2026, Washington's Court of Appeals, Division One, reversed a summary judgment for the City of Oak Harbor and revived an environmental group's challenge to Ordinance 1999. The ordinance dropped the voter-approval requirement for selling developed park land when the city approves a qualifying development agreement. The city adopted it to accommodate Sound Development Group LLC's proposed four-story, 107-room Home2 Suites by Hilton hotel, whose parking lot would take part of Hal Ramaley Memorial Park. The court held the ordinance is a nonproject action that is not categorically exempt from State Environmental Policy Act (SEPA) review.

Why it matters

Developers whose projects depend on a city changing its code, especially to free up public land, should expect that legislation to need its own environmental review under SEPA. The ruling says review must happen at the earliest stage, so an ordinance that puts conditions on how land will be used is not exempt just because it reads as procedural. The opinion is unpublished, but it shows how Washington courts may treat project-driven code amendments.

Case timeline · 5 entries Latest: October 19, 2026 — Court of Appeals reverses and remands (unpublished)

Looking for something else?

Search the litigation tracker

Search

More zoning & land use matters

• State ex rel. Bristolville 25 Developer, L.L.C. v. Village of Lordstown (Ohio Supreme Court Denies Data-Center Site-Plan Mandamus)October 20, 2026 · Ruling Issued
• Metropolitan Milwaukee Association of Commerce v. City of Port Washington: Judge Dismisses Business and CRE Groups' Challenge to Voter-Approval Rule for Large TIF DistrictsOctober 19, 2026 · Ruling Issued
• State ex rel. Sommers Development Group, L.L.C. v. Cuyahoga County Board of Elections (Zoning Referendum Challenge)October 19, 2026 · Ruling Issued
• Ex parte City of Fairhope Planning Commission and City of Fairhope (Developer's Negligence Claim Over Denied Apartment Applications Barred by Immunity)October 16, 2026 · Ruling Issued
• Orchard BJK Company, LLC v. Coolbaugh Township Board of Supervisors (Stormwater-Ordinance Challenge to Warehouse Buffer Requirements)October 15, 2026 · Ruling Issued

Other matters in Washington

• Receiver Appointed for Unico Properties' First and Union Retail Center After $14.5M DefaultJuly 29, 2026 · Ruling Issued
• Port of Tacoma v. PQ LLC: Successor-Liability Fight Over Legacy Industrial ContaminationMarch 27, 2026 · Pending
• Harbor Custom Development Chapter 11 — Pacific Ridge Apartments Credit Bid (Sound Capital NW)August 21, 2024 · Settled

Recently added

• Colliers International NY LLC v. City Hall Commons LLC: First Department Affirms $307,326 Commission Judgment Against Landlord on Lease RenewalOctober 22, 2026 · Ruling Issued
• BSC Realty Services, LLC v. Valcourt Building Services of Georgia, L.C.: Georgia Appeals Court Revives Building Manager's Indemnity Claim Over Rooftop Cooling-Tower FallOctober 19, 2026 · Ruling Issued
• State v. 101 Franklin Derry, LLC: New Hampshire Jury Upholds Eminent Domain Takings of Developer's Land for I-93 Exit 4AOctober 20, 2026 · Ruling Issued
• Sierra Club v. Wisconsin Department of Natural Resources: Settlement Leaves Vantage's $15 Billion Port Washington Data Center Permits Intact and Has Vantage Fund a Statewide Data Center Impact StudyOctober 16, 2026 · Settled
• Metropolitan Milwaukee Association of Commerce v. City of Port Washington: Judge Dismisses Business and CRE Groups' Challenge to Voter-Approval Rule for Large TIF DistrictsOctober 19, 2026 · Ruling Issued

CREdocket summarizes public court records and reporting; see our sourcing standards and corrections log. Not legal advice. Facing something similar? Contact us.