Opinion

James v. Kitsap County

  • 154 Wash. 2d 574
Court
Washington Supreme Court
Filed
Jul 7, 2005
Status
Published
Author
Chambers
On the bench
Alexander, Bridge, Chambers, Fairhurst, Ireland, Johnson, Madsen, Owens, Sanders, Tern
Cited by
60 cases

holding that imposition of impact fees as a condition for the issuance of a building permit is a land use decision

How later courts described this case

  • holding that imposition of impact fees as a condition for the issuance of a building permit is a land use decision
  • holding that the imposition of impact fees as a condition on a building permit was unreviewable absent a timely challenge to the permit
  • recognizing that the Land Use Petition Act, RCW 36.70C.030(1) establishes uniform procedures by its own terms and is the exclusive means of land use decisions
  • holding that the imposition of impact fees as a condition on the issuance of a building permits was a land use decision subject to LUPA

Written by the judges who cited it.

The opinion

¶51 (concurring in dissent) — I concur with the dissent in result, but only as to those developers who paid under protest.

Chambers, J.,

Reconsideration denied November 2, 2005.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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