25Aug
2014

Who is in Charge of that Signal? – Update

In March, the Land Use Board of Appeals (“LUBA”) decided that Washington County could not unilaterally remove a traffic signal from Tualatin Sherwood Road without regard for the City of Sherwood or the adjacent retail property owners. LUBA had sent the case back to Washington County with instructions to sort out the particular relationship between the County and the City, which was not well documented. Washington County appealed to the Court of Appeals, which just agreed with LUBA on all […]

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12Aug
2014

National Association of Home Builders Update

The National Association of Home Builders just released a report indicating that for every $1,000 increase in the price of a home it chases away 206,000 people from the market.  The analysis essentially found that for every $833 paid in fees (impact, building permit, other regulatory fees) that it increased the price of a home about $1,000.  This reflects the money that it takes to borrow to pay those fees. The full report has loads of interesting data including the […]

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August 7, 2014

Municipal Stormwater Permit & Manual Modifications

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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August 1, 2014

Letters of Intent: Let me be perfectly clear…

By Attorney and Shareholder Robert Koury The economy’s emerging recovery is causing many businesses to increase the pace of their transactions. In the race to show good faith and serious intent to proceed with deals (including, but not limited to, the sale or lease of real estate or business assets), parties are moving quickly through the process of memorializing the terms of their proposed business arrangement—the negotiation of a “letter of intent,” “memorandum of understanding,” or similar agreement. A letter […]

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July 23, 2014

Oregon Filled Lands Advisory Group

The Oregon Filled Lands Advisory Group (FLAG) recently presented draft recommendations for changing how the state asserts ownership of submerged and submersible land.  Before 1963, there were no regulations on filling of waterfront lands. Many underwater and low lying areas became what we now call historically filled lands were filled with dredged materials leftover from creation and maintenance of navigation channels, (ever notice that Swan Island is no longer an island?). Generally, the state owns the submerged and submersible lands […]

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July 11, 2014

Considerations for a New Development Era

Attorney James Howsley presented to the Clark County Association of Realtors on, “The Big Picture: Considerations for a New Development Era.” Here are the three key points from his presentation: 1) The Good-  Housing is back, and the amount of overbuilt homes during the peak were overtaken by demand in 2010. If the household formation occurs, as it is anticipated to, there will be a demand for a good length in time. 2) The Bad- There are simply not enough […]

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July 7, 2014

Would Washington Benefit from a New Statutory Takings Initiative Given Oregon’s Experience?

James Howsley presented in Seattle on this topic. Here are the three key points to take away: 1) A cumbersome land use system can lead to initiatives such as Measure 7 and Measure 37. 2) Washinton has not had an experience long enough with it’s Growth Management Act and other land use controls for a takings initiative to be successful. 3) However, Washington maintains stricter land use regulations dealing with environmental issues such as stormwater and critical areas, which could […]

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July 1, 2014

State Issues Update

The Department of Revenue released a draft rule that we commented on, along with BIAW (Building Industry Association of Washington) and others, that would seemingly charge BIA B&O taxes on the Parade of Homes and other events offered to the public. We will again be submitting comments to try to change the rule. On Tuesday, May 27th, the Washington Supreme Court heard arguments in a citizen suit filed against BIAW during the 2008 governor’s race. The issue is whether BIAW […]

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June 20, 2014

Local Government Update: Clark County

The County is moving forward with several projects. First comments were due last month on the draft stormwater code and new stormwater manual. The BIA submitted several comments and have met with staff to address our concerns, especially those related to the modifications that resulted from the Phase I stormwater appeal. Recently, several developer and builder members expressed concerns in regard to the speed of the final plat process. The GAC engaged the County through DEAB to address the process […]

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June 13, 2014

WHO IS IN CHARGE OF THAT SIGNAL?

Large retail developments demand signalized access because it provides full turning movements into and out of the site. Land use approvals often require developments to build signalized intersections, which occurred in Sherwood about 20 years ago with the Sherwood Market Center and the Sherwood Cinema Center, located on opposite sides of the Tualatin Sherwood Road where it intersects with Highway 99W. Neither property has access to Highway 99W, and thus both rely on the signalized intersection – which they built […]

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Beware! Builders Targeted by Patent Trolling Company

February 19, 2014 0 comments

Last week, several Portland/Vancouver Metropolitan area home builders received a demand letter from Savannah IP, Inc (“Savannah”) asserting patent rights over certain commonly used moisture removal processes.  The letter references what appears to be a validly issued patent number (Patent No. 8,567,688, linked here at http://www.google.com/patents/US8567688) and bombards the recipient with a number of requests, including a ten day response deadline, the signing of a very overbearing patent license, and, of course, payment for the privilege of using the license. Savannah appears […]

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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 […]

Continue Reading →

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 […]

Continue Reading →

National Association of Home Builders Update

August 12, 2014 2 comments

The National Association of Home Builders just released a report indicating that for every $1,000 increase in the price of a home it chases away 206,000 people from the market.  The analysis essentially found that for every $833 paid in fees (impact, building permit, other regulatory fees) that it increased the price of a home about $1,000.  This reflects the money that it takes to borrow to pay those fees. The full report has loads of interesting data including the […]

Continue Reading →