5Feb
2015

Vested Rights Taking Center Stage in Washington

The Washington Supreme Court accepted review of the Potala Village Development v. City of Kirkland case today.  Potala Village planned a 143-unit residential development in Kirkland, but the City imposed a six month moratorium on building permit applications in the business neighborhood zone.  Potala Village believed they obtained vested rights because the City issued a shoreline substantial development permit in 2011 prior to the moratorium.  But Potala Village failed to obtain a building permit prior to the moratorium.  The Court […]

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3Feb
2015

Rock, Paper, Scissors?

Division II of the Washington Court of Appeals ruled today that Whatcom County should not be compelled to adopt a Comprehensive Plan amendment allowing for the expansion of a mineral resource zone to an adjacent parcel, even if staff and the planning commission concur that all the criteria are met.  Concrete Nor’West applied for a plan amendment to mineral resource land from forest to further the expansion of their mine.  Despite meeting all of the criteria in staff’s and the […]

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January 15, 2015

Oregon Court of Appeals Reviews Fish Protection

Oregon Court of Appeals Reviews Fish Protection

By Diane Lenkowsky For the first time, the Oregon Court of Appeals reviewed conditions for fish persistence placed on extensions to a municipal water permit. The 2005 law requires the Oregon Water Resources Department (WRD) to condition future development of municipal water rights on the protection of specifically identified fish.The court ruled WRD had not satisfied that law when it granted a municipal permit extension for withdrawal from the lower Clackamas River. The court ruled that WRD did not show […]

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December 29, 2014

Minerals Have Rights Too!

In an important ruling for aggregate properties, the Oregon Court of Appeals reversed the Josephine County Circuit Court regarding a reservation of mineral rights in a deed recorded in 1954.  The deed reserved “all minerals” and “the exclusive right to mine.”  An aggregate company later acquired the property, but not the mineral rights, and argued that the reservation of mineral rights did not include sand, gravel, and other materials used for construction.  The county judge agreed with the aggregate company. […]

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November 26, 2014

Washington Businesses Concerned About Potential New Water Quality Rules

Here is a good summary related to some concerns Washington businesses have in relation to Washington proposed water quality rules to address fish consumption. http://www.wacatalyst.org/washington-water-plans-under-scrutiny/

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November 25, 2014

Clark County Fee Waiver; Not Effective

According to an independent report by The Clark County Auditor a program that waives development and impact fees for non-residential land uses is not effective. The report suggests that the program is not sustainable in its current form. And, it suggests that residential construction is subsidizing the program. See the report 2014Audit_CC_Job-Creation_Fee_Waiver_Program

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November 21, 2014

Ridgefield’s Emergency Ordinance

The City of Ridgefield passed this emergency ordinance last night placing a moratorium on multi-family residential. The moratorium stems from ambiguities in their code related to density transfer and buffering between low density residential. The City must hold a hearing within sixty days of the ordinance passing and one has been scheduled for January 8, 2015 at 6:30.

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November 20, 2014

Can I Get A Mulligan? UPDATE 11/20/14

UPDATE: The Washington Supreme Court just issued an opinion today on this case check back tomorrow for the analysis. A very fascinating case just announced on Valentine’s Day by Division III of the Washington Court of Appeals denied “a mulligan” to a group of property owners seeking to keep open a golf course located adjacent to their homes.  In Riverview Community Group v. Spencer and Livingston, et al.,  a group of property owners sought an equitable servitude from the court to require the developer (and […]

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November 7, 2014

Washington Water and NPDES Permit

A coalition of environmental groups is suing the Washington Energy Facility Site Evaluation Council for reissuing water permits to the state’s only nuclear power plant.  The permits allow withdrawal of water from the Columbia River for cooling the reactor, and allow a small portion of that water to be discharged back into the river following use. The permits are renewed every five years, and the environmental groups argue the water withdrawals harm fish and the discharges cause pollution that violates […]

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November 4, 2014

Siting the 2016 Street of Dreams

Portland developer Dennis Pahlisch believes south Hillsboro is a smart location for new executive housing .  The 1,400-acre area near Hillsboro’s leading employers is slated for 25,000 residents, The City, however, does not see a clear path to financing the infrastructure, and is hesitant to approve development until funding is lined up for major roads.  Pahlisch thinks building the Street of Dreams would be a terrific way to generate interest in this undeveloped area, and it isn’t necessary to postpone […]

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Feds to Loosen Mortgage Rules

October 21, 2014 0 comments

The Federal Housing Finance Agency (FHFA) regulates Fannie Mae, Freddie Mac, and the 12 Federal Home Loan Banks, which control the vast majority of home loans.  The private lenders that fund individual home mortgages bundle those mortgages into securities that are sold to the government sponsored enterprises (GSE’s) and subject to FHFA rules. In response to the housing bust, the FHFA tightened eligibility rules, which increased the risks of private lenders, and compelled them to buy back bad mortgages.  Now […]

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Municipal Stormwater Permit & Manual Modifications

August 7, 2014 0 comments

The Washington State Department of Ecology (Ecology) announced August 6, 2014, it’s  modifications to the Phase I and Phase II Municipal Stormwater Permit and Stormwater Management Manual for Western Washington (SWWMM).  These modifications resulted in part from challenges raised by Phase I and Phase II permittees and the Building Industry Association of Clark County. A summary of the modifications can be found here. Ecology will be accepting written comments on the changes until midnight on October 6, 2014.  A series […]

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Municipal Stormwater Permit & Manual Modifications

August 7, 2014 0 comments

The Washington State Department of Ecology (Ecology) announced August 6, 2014, it’s  modifications to the Phase I and Phase II Municipal Stormwater Permit and Stormwater Management Manual for Western Washington (SWWMM).  These modifications resulted in part from challenges raised by Phase I and Phase II permittees and the Building Industry Association of Clark County. A summary of the modifications can be found here. Ecology will be accepting written comments on the changes until midnight on October 6, 2014.  A series […]

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Can I Get A Mulligan? UPDATE 11/20/14

November 20, 2014 0 comments

UPDATE: The Washington Supreme Court just issued an opinion today on this case check back tomorrow for the analysis. A very fascinating case just announced on Valentine’s Day by Division III of the Washington Court of Appeals denied “a mulligan” to a group of property owners seeking to keep open a golf course located adjacent to their homes.  In Riverview Community Group v. Spencer and Livingston, et al.,  a group of property owners sought an equitable servitude from the court to require the developer (and […]

Continue Reading →