Citizens' Alliance for Property Rights v. Sims, No. 82106-2
In 2004, King County adopted a "Clearing and Grading Critical Areas Ordinance" pursuant to Washington's Grown Management Act. The Ordinance would prevent the use of up to 65% of individual parcels of rural-zoned property. Five King County landowners and the Citizens Alliance for Property Rights (CAPR) sued the County and lost at the trial court.
On appeal, Division I Judge Ronald Cox reversed the trial court and held that King County's ordinance "imposes clearing requirements that are an in kind indirect tax, fee, or charge on development," falling afoul of RCW 82.02.020 and violating the proportionality requirement of Dolan v. City of Tigard.
Amidst yesterday's orders, the Supreme Court denied King County's appeal. The Seattle Times headline: "Big court victory for rural property owners."
