Land Use, Planning and Economic Development Experience

Mr. Broughton has spent much of his career in this field. As City Attorney, his office modernized Bremerton’s land use and development codes including its Shoreline Master Plan, Zoning and SEPA ordinances and comprehensive plan. The city’s urban renewal certification was updated with the federal government. Partnerships with the United States Navy were enhanced allowing for shipyard annexation, taxation of vendors and beautification of the City Shipyard interface.

After entering private practice, Mr. Broughton has continued his land use and environmental practice, working with both developmental and environmental interests. Some examples of his work are as follows:

• Mickelberry Business Park Silverdale, Wa. This project was successfully approved and completed with legal support from start to finish, included technical review, hearings, preparation of CC and Rs and construction support.
• Fairway Mechanical Office Building Bremerton Wa.This project is sited near a prolific salmon bearing stream. Faced with challenges from the Suquamish tribe and other groups, state of the art strom water management techniques were employed to win approval at the local level and the State Shorelines hearings board.
• Hill Moving Services Office and Warehouse Facility Poulsbo Wa. Obtained all land use approvals for this multi-million dollar project.
• Oxford Suites Hotel Silverdale Wa. This 5 story hotel required a shoreline variance from the Washington Dept. of Ecology. It also faced opposition from the Silverdale Community Council. Design of the project was modified to break up the façade and step the structure away from the shoreline resulting in approval from all entities.
• Manchester Commons Manchester Wa. Local residents Hired Mr. Broughton to stop construction of a 3 story office and condo project in the small village of Manchester. This project was defeated.
• Georges Corner LAMIRD Kingston Wa. This limited area of more intensive development under Washington’s Growth Management Act was opposed by several groups. Mr. Broughton defended the County’s action on behalf of a client before the Washington Growth Hearings Board which approved the LAMIRD.
  

In addition to his administrative practice, Mr. Broughton has tried over 100 jury trials and many more bench trials and arbitrations. He also frequently serves as both an arbitrator and mediator.

Examples of his appellate work are found in the following published opinions:

• SCHMITT v. CAPE GEORGE SEWER DIST. 61 Wn. App. 1, 809 P.2d 217 (1991)
  Successful challenge to a Utility Local Improvement District.
• BREMERTON v. CORBETT 106 Wn.2d 569, 723 P.2d 1135 (1986) This appeal successfully clarified the corpus delecti rule in Washington allowing for more effective DUI prosecution.
• JAMES v. KITSAP COUNTY 154 Wn.2d 574, 186 P.3d 764 (2006) Class action challenge to Kitsap County’s residential impact fee collection after invalidation of its comprehensive plan.
• ESTATE of HASELWOOD v. BREMERTON ICE ARENA, INC., 166 Wn.2d 489, 210 P.3d 308 (2009). Confirmed the priority of a mechanics lien when recorded on public property.

Broughton Law Group, Inc. P.S.

Founder of law firm with an emphasis on land use, planning and economic development, municipal law, personal injury, real estate, civil and commercial litigation and business law.

Merkel, Caine, & Donohue

Partner in law firm of Merkel, Caine & Donohue, which firm later merged into Hiscock & Barclay, a national business firm. Relevant work experience in private practice has included successfully representing both public and private clients in commercial litigation matters as well as successful representation of injured persons seeking compensation from insurance companies and other entities. Many of these matters were carried through to trial, mediation and/or arbitration. Further experience included representation of Kitsap Public Utility District, Kitsap Mental Health Services on construction and personnel related issues, labor negotiations representing both employers and unions, representation of property owners challenging L.U.D.'s and L.I.D.'s, and rate payers opposing utility charges.

Bremerton City Attorney

Served as Bremerton City Attorney. Supervised a staff of four attorneys and three support staff personnel. Responsible for representing the City of Bremerton in all legal matters. Worked with City Engineers to redraft construction specifications for public works projects. Represented the City in lawsuits on various construction claims. Participated in other phases of public works constructions as well as construction insurance related issues. General civil representation included such issues as constructions and municipal contracting, public works requirements, personnel, capital financing, land use, risk management and insurance procurement, L.I.D. formation, public works procurement and code enforcement. Represented the City in various litigation matters including numerous constructions cases, personnel disputes, and numerous land use challenges.

Shiers, Kamps, Love & Chrey

Worked as an associate to the partners providing litigation support in the commercial and criminal arenas.

Kitsap County Prosecuting Attorney's Office

Worked as a criminal and civil attorney for Kitsap County. Advised both Kitsap County and the Kitsap County Civil Service Commission on personnel and civil service related matters. Also worked on general municipal law issues.