Resort Developers Appeal Permit Conditions in Clallam County
Published 1:30 am Thursday, April 23, 2026
A proposed cabin resort near Sol Duc is moving into the courts after its developers challenged several conditions attached to their county permit.
9999GrouseGlen LLC, doing business as Luminary Resort at Sol Duc, filed a Land Use Petition Act (LUPA) appeal in Clallam County Superior Court on March 24, 2026. The case has been assigned to Judge Simon Barnhart.
The appeal does not seek to overturn the conditional use permit (CUP) granted by the county for the 20-acre development north of Highway 101. Instead, the developers are asking the court to strike four specific conditions they argue are overly restrictive.
Those contested conditions include a reduction in the number of cabins from the proposed 32 to 20, a limitation of operations to April through September rather than year-round use, a prohibition on mirrored or reflective exterior siding, and a restriction that the resort’s community or event center be used by guests, excluding outside visitors.
All other conditions imposed by the county remain unchallenged. These include requirements such as an on-site manager during operations, enforcement of quiet hours, burn ban compliance, limits on access points, road and infrastructure improvements, environmental protections, and coordination with fire district and utility providers.
In its filing, GrouseGlen advances three primary legal arguments. First, the company contends the county lacked authority under its own code to impose the four disputed conditions. Second, it argues the county’s environmental review — which resulted in a Determination of Non-Significance under the State Environmental Policy Act (SEPA) — found no impacts that would justify such restrictions. Third, the appeal claims the conditions amount to unconstitutional “exactions,” citing U.S. Supreme Court rulings that limit the government’s ability to impose conditions unrelated to a project’s impacts.
The petition also raises a due process argument under the Washington State Constitution, asserting that the county must adhere to its established regulations rather than impose ad hoc requirements.
GrouseGlen is represented by attorney Jane Koler of Gig Harbor. Clallam County is represented by Deputy Prosecuting Attorneys Bert Dee Boughton and Jay Reno. In their initial notice of appearance, county attorneys reserved objections related to jurisdiction and service, signaling a possible early motion to dismiss before the case proceeds to substantive arguments.
So far, the county has not filed a detailed response. The next steps will include preparation and submission of the administrative record from the original permit proceedings, followed by a briefing schedule in which both sides will submit written legal arguments. Because LUPA appeals are decided on the existing record, no new evidence or testimony will be introduced.
After briefing is complete, the court is expected to hear oral arguments before issuing a written decision.
With the case still in its early stages, a final ruling is likely months away.
