MALTBY — Flower World, a family-run retail nursery that has operated on the same Maltby property for more than 50 years, has taken its latest clash with Snohomish County Planning and Development Services (PDS) to the Washington Court of Appeals after a Snohomish County superior court judge upheld findings that the business built a large customer parking area, a building, and new driveway without any permits.
On January 28, 2026, the nursery filed a notice of appeal with Division I seeking to overturn Snohomish County Superior Court Judge Jennifer R. Langbehn’s January 8, 2026, order in Case No. 25-2-06240-31. Langbehn affirmed in full a June 27, 2025, decision by Hearing Examiner Peter Camp that rejected Flower World’s claim the 2023 work qualified for an agricultural exemption.
The project in question involved clearing a former single-family home on two parcels immediately south of the main 15-acre nursery, constructing two 4,500-square-foot pole buildings with sheet metal roofing, paving and gravelling roughly 45,920 square feet for a mixed-use parking and plant-holding area, and installing a new driveway entrance onto 200th Street SE with a connecting paved roadway. County officials said the work triggered land-disturbing activity (LDA) permits under Snohomish County Codes 30.63A and 30.63B because it exceeded thresholds for new impervious surface and clearing.
Hearing Examiner Camp affirmed violations for the parking/plant-container area, the North Building footprint—rigid wood siding with sheet metal roofing instead of polyethylene, polyvinyl, or similar flexible synthetic roofing material—and the driveway but dismissed the South Building violation as moot after PDS withdrew it and reversed the pond violation after PDS conceded the pond’s use exempted it from a land disturbing activity permit applied.
The two narrow wins in the Hearing Examiner’s appeal for Flower World did not alter the core outcome: violations related to permitting requirements for clearing and grading over an acre of land including asphalt paving and striping for 110 parking stalls; constructing a 4,500 square foot barn building (North Building); graded and paved a new commercial driveway access for customers to enter Flower World from 200th Street SE including pavement of a new drive isle covering over 4,000 square feet connecting the new driveway access to the main north/south ingress and egress to Flower World.
The Hearing Examiner and superior court both concluded the activities primarily served the nursery’s large-scale retail operations rather than routine agricultural production.
Langbehn’s order adopted the examiner’s findings of fact as supported by substantial evidence and agreed that the commercial retail use of the parking area and new driveway (200th Street SE) fell outside the narrow definition of “agricultural activities” in county code, so the exemption in SCC 30.63B.070(5) did not apply. Judge Langbehn also upheld the examiner’s conclusion that a separate D1 right-of-way access permit will be required for the new driveway under Title 13.
Court ruling carries real-world consequences
Hearing Examiner Camp in his June 27, 2025, decision set a compliance deadline of December 31, 2025, which has passed. County Planning and Development assistance bulletins explain that projects creating 2,000 square feet or more of new impervious surface or disturbing 7,000 square feet or more of land require a full LDA permit, stormwater site plan, soil-erosion controls and fees that can exceed at least $14,000 for Flower Word. The parking lot alone pushed the project into the highest fee tiers, according to fee tables.
Additional permits Flower World may need to be compliant are:
- Stormwater site plan engineering (civil engineer) — $8,000 – $15,000
- D1 Right-of-Way Access Permit (for the new 200th St driveway) — $2,000 – $5,000
- Possible building permit revisions for the North Building — $1,500 – $3,000
Daily monetary penalties under the commercial-violation schedule in SCC 30.85.170 began accruing on Flower World after the December 31 deadline and is at least $25,000 per violation for a total of at least $125,000 (five pending violations).
From court records and hundreds of pages extensively reviewed by the Lynnwood Times, the County appears to only be seeking Postema and Flower World to obtain the required permits for its retail nursery business and become compliant. Nowhere in the hear examiner’s decision nor court ruling is the County attempting to seize the farm nor force it close.
Flower World takes its grievance public
In an April 9 open letter posted on the Flower World website, President John Postema turned to customers for help, framing the dispute as part of a larger threat to local agriculture and farms. He wrote that four years of litigation had created “significant financial and operational strain” and that his board had begun exploring options with a land-development firm, including possible rezoning for industrial use or clustered residential housing.
“Throughout this entire process, we have not sought public assistance,” Postema wrote. “Now, however, we believe the stakes extend far beyond our survival.”
He urged patrons to email all five county council members and ask whether they would “remain silent and allow the end of farming in Snohomish County.”
Postema’s plea has not fallen on deaf ears. In reviewing hundreds of comments to Facebook regarding Flower World, many were residents highly critical of the county accusing county officials of forcing the 200-acre farm that includes one of the largest retail nurseries on the West Coast covering 15 acres, to close.
“We’ve already lost Molbaks and now they are trying to close Flower World! Really sad,” one person wrote.
Another person wrote, “They want to shut down Flower World and Maltby Produce Market to put in more housing. Which is absolutely insane considering they are doing so literally just down the street in every direction.”
An another post with scores more like it, “The county is trying to shut them down, and the nursery could use a few minutes of your time to support them & send an email, or call, to object to the local government threats to this small business. Perhaps they should focus their efforts on the important issues like preventing crime, etc!”
Postema in his court case also invoked the 2001 “Right to Plow” initiative he helped lead as Farm Bureau president to argue that the County misapplied (or ignored) the spirit of the 2001 voter-approved farm protection. Codified in SCC 30.32B.230, the voter-approved measure protects normal “agricultural activities” such as plowing and building farm roads from being regulated as development projects.
Postema’s attorney Richard M. Stephens of Stephens & Klinge LLP, argued that Flower World is a farm in accordance with SCC 30.91F.120, which defines “farm” to include not only growing plants but also “promotion, sale, packaging and distribution of agricultural products wholly or partly from the farm site.” He also reference SCC 30.91A.090 which defines “agricultural activities” as “a condition or activity which occurs on a farm in connection with the commercial production of farm products and includes, but is not limited to, marketed produce at roadside stands or farm markets…”
Stephens further argued that retail parking and access roads are logically “connected” to the farm’s production and sales — just like a barn parking lot for hay buyers or a farm-stand driveway.
However, Judge Langbehn rejected these points stating that the parking lot and driveway failed the exemption’s conditions because they were primarily used for large-scale retail customer parking and access — not routine farm production. The judge agreed with the Hearing Examiner that a 45,920 sq. ft. paved/graveled area advertised as a customer parking lot for a 15-acre retail nursery was not the same as “normal” farm roads or internal access for moving equipment. It was commercial development serving the public.
Also, the Right to Plow itself contains an exception that when “normal agricultural activities” includes development that requires another permit, in this case exceeding LDA thresholds (2,000 sq. ft. new impervious surface and 7,000 sq. ft. clearing) and both an LDA permit and a D1 right-of-way access permit, the Right to Plow exception applied.
The Lynnwood Times has made several attempts to contact Postema for statements regarding his ongoing dispute with the Country but has not received a response as of the publication of this article.
County government responds
In a statement to the Lynnwood Times regarding Flower World’s President John Postema letter criticizing the County, Chief of Staff for the Council Heidi Beazizo, writing on behalf of the Snohomish County Council, wrote, “As there are active legal proceedings involving some of Flower World’s activities, I am unable to comment on specifics at this time.”
She explained that the council’s legislative role does not include code enforcement, which belongs exclusively to the executive branch under County Executive Dave Somers and that Snohomish County Council members must remain neutral.
Kent Patton, Deputy Executive speaking for the County Executive’s Office, wrote that the county generally does not comment on ongoing litigation but will be addressing “a couple of items” to “set the record straight.”
“Also, we strongly support our agricultural community and have a long track record of doing so,” Patton added, while requesting time for a formal, attorney-reviewed reply.
Snohomish County Councilman Sam Low, who represents the district where Flower World is located shared with the Lynnwood Times that he also cannot comment on the matter.
“I can’t comment on this specific legal proceeding,” Low told the Lynnwood Times, “However, I have a long track record of working on bills in Olympia to help farmers.”
Snohomish County, Agriculture, and Farms
Since 1982, Snohomish County has prepared agriculture plans and has included it in its comprehensive plans.
Over the last four decades Agriculture in Snohomish County has shifted from dairy farms to smaller diversified crop farms, agri-tourism, and pumpkin patches. The county’s Agricultural Advisory Board, county staff, the county council, and the Executive’s office together with local farmers over the decades have taken steps to increase the economic viability of agriculture in Snohomish County with the following:
- Implemented the Transfer of Development Rights (TDR) and Purchase of Development Rights Programs;
- Unified Development Code (UDC) Agricultural Exemptions;
- Right to Plow Initiative;
- Snohomish County Comprehensive Plan – Agricultural Lands Policies;
- Regional agricultural summits;
- Focus on Farming & Forestry Conference;
- Agriculture Resilience Plan;
- Agrivillage Demonstration Program to allow a cooperative “village” concept on agricultural land currently zoned for housing;
- Sustainable Lands Strategy Initiative (SLS) to accommodate both habitat restoration and protection of agricultural resource lands;
- Participation in a regional agriculture product marketing campaign – Puget Sound Fresh;
- Harvest Celebrations;
- Education initiatives for the next generation of farmers; and
- Farmers’ markets and farm stands as a new outlet for farm products.
In the 2025 legislative session, in his role as Washington State Representative, Sam Low (R-39th District) was the prime sponsor of House Bill 1261 that passed the legislature and was signed into law and then took effect on July 27, 2025. The bill protects family farms that offer agritourism activities (pumpkin patches, hayrides, farm tours, weddings, events, etc.) from losing their special “open space” property tax classification to help farms diversify income without jeopardizing their agricultural tax break.
Snohomish County Councilwoman (now President) Megan Dunn and County Executive Somers both supported the bill during hearings. The bill was co-sponsored by fellow Snohomish County Councilman and State Rep. Strom Peterson (D-32nd District) and Snohomish County State Rep. April Berg (D-44th District).
Councilman Nate Nehring, in his “Nate’s Corner” column with the Lynnwood Times shared last year that the County is investing in the new Food and Farming Center at McCollum Park, a first-of-its-kind facility in Snohomish County. The Center, scheduled to open in 2028, will provide fruit and vegetable farmers with access to shared space and equipment to process and distribute their produce directly to consumers and wholesale markets.
The legal path Flower World followed was the one required by state law
After the Notice of Violation (NOV) by Snohomish County Planning and Development Services (PDS) in October 2024, Flower World appealed to the Snohomish County Hearing Examiner as the mandatory administrative step. Once Hearing Examiner Camp issued his decision on June 27, 2025, the exclusive next step was a Land Use Petition Act appeal to Snohomish County Superior Court which was filed electronically on July 11, 2025. The case is now at the Court of Appeals Division I after the Snohomish County Superior Court affirmed the hearing examiner’s June 2025 decision.
The Snohomish County Council has no legal jurisdiction to review nor overturn specific enforcement rulings on an individual property; it can only amend codes prospectively (not retroactively) or express general policy support for agriculture.
The county council can consider amending its code for “agricultural activities” in SCC 30.91A.090 to encompass any and all commercial retail sales activities associated with the sale of farm products however doing so would open the door to retail businesses (e.g. large parking lots, big-box stores, or auto dealers) to masquerade as farms by simply adding a small greenhouse or produce stand and claim it as their entire operation. This could also lead to agricultural land being converted into high-intensity retail which is taxed at lower property taxes.
Without LDA permits, large-scale grading, paving, and drainage work would escape stormwater controls, erosion rules, and critical-area protections resulting in increased flooding, sedimentation in streams, and drainage disputes an attorney told the Lynnwood Times adding that a broad definition for “agricultural activities” would undermine rural zoning and allow commercial sprawl.
Flower World is no stranger to legal disputes
Postema and Flower World are no strangers to such legal battles with the County. The Snohomish County Hearing Examiner website lists 12 cases associated with Flower World and/or its President John Postema. For more than two decades Postema has appeared in numerous other Snohomish County Court cases such as:
- In 1994 the Court of Appeals upheld a grading violation against Flower World for unauthorized topsoil scraping and gravel work.
- A 1996 challenge to growth-management statutes was dismissed on standing grounds.
- A 1998 neighbor nuisance suit over altered drainage of wetlands. Postema invoked the “common enemy doctrine” arguing that surface water is a common enemy that landowners may redirect. Postema won at trial but lost on appeal.
- A 2000 water-rights dispute with the Department of Ecology and Pollution Control Hearings Board produced a mixed Washington State Supreme Court ruling with the court agreeing with the state that it can deny Flower World permits for pumping groundwater if it harms Bear Creek stream’s required minimum flow or older water rights. The court also sent Postema’s case back for more fact-finding saying the lower board still needed to prove that his wells would cause harm to Bear Creek stream.
- A 2003 family-business dispute tied to Postema Enterprises, Inc., the company behind Flower World nursery. After a trial, Postema tried to raise a brand-new legal theory in a post-trial motion. The trial court refused to consider it. On appeal, the Court of Appeals ruled that the trial court was correct: you cannot wait until after the trial is over to introduce an entirely new argument. The appeal was denied, and the original judgment stood.
- In 2019 Postema faced an investigation of first-degree assault after an alleged bulldozer incident involving his son at the nursery; the criminal matter was resolved without public trial. The July 4, 2019, incident at Flower World involved John Postema (then 78) allegedly using a bulldozer to push his son Albert Postema’s SUV (with Albert inside) through a fence and down an embankment after a long-running family/property dispute.
- A 2022-2025 health-department case over food permits at the adjacent Maltby Produce Market ended with the Court of Appeals affirming that a permit was required. The Maltby Produce Market sold produce plus temperature-controlled-for-safety foods without a food-establishment permit under WAC 246-215. Snohomish Superior Court ruled that Maltby Produce Market must obtain a permit within 90 days or stop selling regulated foods. Postema appealed to Court of Appeals Division I and lost.
Editor’s Note: Kienan Briscoe contributed to this article.
Author: Mario Lotmore
