(dissenting) — The unfortunate result of today's decision is to deny citizens their right to contest proposed boundary changes in their community. I cannot approve this unjust and unfair result; therefore, I dissent.
RCW 36.93.160(5) provides for appeals from the decision of a county boundary review board. Such decision becomes final "unless within ten days from the date of said action a governmental unit affected by the decision or any person owning real property or residing in the area affected by the decision files in the superior court a notice of appeal." (Italics mine.)
Because the term "area affected" is not defined in the statute, these words are to be given their ordinary and plain meanings. King County Council v. Public Disclosure Comm'n, 93 Wn.2d 559, 611 P.2d 1227 (1980). The Environmental Impact Statement which was prepared by DuPont found that certain areas beyond those sought to be annexed will be adversely affected by the proposed log export facility. Petitioners here reside or own land within these extraterritorial areas. It would strain the English language and common sense to say that petitioners are not in areas to be "affected" by the annexation.
This court gave a broad reading of the words "affected *572community" in Save a Valuable Environment v. Bothell, 89 Wn.2d 862, 869, 576 P.2d 401 (1978):
Bothell may not act in disregard of the effects outside its boundaries. Where the potential exists that a zoning action will cause a serious environmental effect outside jurisdictional borders, the zoning body must serve the welfare of the entire affected community. If it does not do so it acts in an arbitrary and capricious manner. The precise boundaries of the affected community cannot be determined until the potential environmental effects are understood. It includes all areas where a serious impact on the environment would be caused by the proposed action.
I would extend that policy to the subject case and find that the "area affected" will not be limited to the area to be annexed but rather will be determined upon a showing of direct and serious impact upon interested parties.
Our State Environmental Policy Act of 1971 (SEPA) acts as an overlay on existing statutory provisions, including boundary changes. Bellevue v. King County Boundary Review Bd., 90 Wn.2d 856, 586 P.2d 470 (1978). SEPA expresses our state's policy that "each person has a fundamental and inalienable right to a healthful environment", RCW 43.21C.020(3), and the state policies are to be administered and interpreted "to the fullest extent possible", RCW 43.21C.030. This lends further support for a liberal reading of the term "area affected".
Furthermore, in Bellevue v. King County Boundary Review Bd., supra, the City of Bellevue was granted standing to contest an annexation approved by the City of Redmond. Bellevue's standing was grounded on the same statute as that in question here, RCW 36.93.160(5) specifically as "a governmental unit affected by the decision". The City of Bellevue, however was not within the area to be annexed but was in a position similar to petitioners before us today. Although there is some statutory authority for allowing a governmental unit to appeal even if the unit is not within the area to be annexed, see RCW 36.93.160(1), there is no reason to refuse that same interpretation when *573the appellants are nongovernmental units.
What makes the majority's decision particularly harsh is the potential for abuse in the future. Weyerhaeuser Company owns 3,200 acres of the approximately 3,300 acres comprising the City of DuPont. DuPont approved the annexation which had been petitioned for by the only two landowners of the property to be annexed — Weyerhaeuser and Burlington Northern, Inc. The majority has today held that only landowners of the property to be annexed can appeal such approval. RCW 36.93, providing for court intervention, can be circumvented by a citizen who has the wealth to buy all the property it wishes to be annexed, and then by petitioning for such annexation, effectively insulate its acts from scrutiny by judicial review.
To hold that the "area affected" can only be the area to be annexed is to authorize unfettered disregard of the community by a single citizen who purchases all the property sought for annexation. I would allow those neighbors who are actually affected by the annexation to have their day in court.
Rosellini, Utter, and Williams, JJ., concur with Dore, J.