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DEFENDING
HEALTH AND SAFETY REQUIREMENTS
City
of Battle Ground v. Benchmark Land Company
(Wash. Sup. Ct.)
In granting permission to build a 56-home
subdivision, the City of Battle Ground required a developer to make
safety improvements along a busy bordering street. The developer
described the street where improvements were required as "black as
* * * the inside of a cow's belly * * * it's narrow, there are ditches
on both sides, it's scary, and when it's raining and dark, I mean you
can't see anything." A
child on a bicycle died in an automobile accident just as the developer
was starting construction. Nonetheless,
the developer balked at making the required improvements and sued the
city. A state appeals court ignored the city’s safety concerns and
found that the safety requirement was somehow an impermissible
“taking.”
This is the second time the city is
petitioning the Washington Supreme Court for review.
In 1999, the state high court granted the city's petition
and ordered the case remanded to the appeals court for reconsideration
in light of the recent Del Monte Dunes decision.
On remand, however, the appeals court ignored the clear
implication of the high court’s ruling and reaffirmed its
decision striking down the safety condition.
The city is thus seeking review for a second time.
CRC filed a brief on behalf of the Association of Washington
Cities supporting the city’s petition.
City
of Battleground v. The Benchmark Land Company
(Washington Supreme Court)
Clients: Association of Washington Cities, Washington
State Association of Municipal Attorneys
Issues: Nollan/Dolan tests and impact fees.
CRC's
Amicus Brief (PDF)
Washington Supreme
Court review petition pending.
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