King County v. Washington State Boundary Review Bd
In King County v. Washington State Boundary Review Bd., 122 Wn.2d 648, 663, 860 P.2d 1024 (1993), King County challenged the boundary review board's approval of a proposed annexation, arguing the determination of nonsignificance (DNS) for purposes of compliance with SEPA was clearly erroneous.
The Court held the DNS was clearly erroneous and that an environmental impact statement (EIS) should have been issued. Id. at 667.
The Court then concluded:
"In cases involving reversal of a DNS, it is necessary to remand to the agency for preparation of an EIS and enjoin the agency action until the statement is complete. We therefore reverse Black Diamond's DNS, enjoin the proposed annexations, and remand for further proceedings, including preparation of an EIS." Id.