ZONING - WASHINGTON

Potala Village Kirkland, LLC v. City of Kirkland

Court of Appeals of Washington, Division 1 - August 25, 2014 - P.3d - 2014 WL 4187807

Property developers filed action against city seeking writ of mandamus directing city to accept and process building permit application for proposed project. The Superior Court granted summary judgment in favor of developers and issued writ. City appealed.

The Court of Appeals held that developers’ filing of application for shoreline substantial development permit did not vest rights to zoning ordinances for entire project that existed on date of application.

Developers’ filing of completed application for shoreline substantial development permit for portion of project prior to city’s moratorium on certain building permits did not vest rights to zoning or other land use control ordinances for entire project that existed on date of filing, absent filing of completed building permit application. Statute governing vested rights doctrine only referred to building permits and did not include shoreline substantial development permits, and no law prevented developer from filing building permit application prior to moratorium.



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