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Built by Blue Sound Construction, designed by MaKe Design, photos by Alex Hayden

State Supreme Court Win for Industry on LUPA, Tort Case

Posted on Aug 24, 2018 in:
  • Permitting
  • Advocacy
  • Industry Issues

On August 9, the Washington State Supreme Court favorably ruled in the matter of Maytown Sand and Gravel v. Thurston County. Your association participated in the case with an Amicus Curiae brief.

At issue was whether the Land Use Petition Act’s (LUPA) administrative exhaustion rule applies to all tort claims that arise during the land use decision-making process. The court concluded the lower court was correct in holding that the rule does not bar the tort claims sought in the case.

MBAKS became involved in this case as amicus because an unfavorable ruling could have meant that a land use permit applicant would have to file a LUPA appeal on their own project as a prerequisite for a tort claim, even where the property owner was not adversely affected by the land use decision itself. This would have placed a new and significant burden on a property owner or development and certainly would have been a ruling used as a shield against otherwise legitimate claims for recompense against municipal wrongdoing. We are pleased with the outcome of the case as an important establishment of MBAKS member legal rights.

For more information please contact Snohomish County Manager Mike Pattison, 425.460.8203

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Photo courtesy Blue Sound Construction, builder; MaKe Design, architect; and Alex Hayden, photographer