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HENDERSON HOMES INC. v. CITY OF BOTHELL

No. 59696-4.

124 Wn.2d 240 (1994)

877 P.2d 176

HENDERSON HOMES, INC., ET AL, Petitioners v. THE CITY OF BOTHELL, Respondent.

The Supreme Court of Washington, En Banc.

July 21, 1994.

Attorney(s) appearing for the Case

Groff & Murphy, by Michael J. Murphy and Celeste T. Stokes; Davis Wright Tremaine, by John E. Keegan and Stephen M. Rummage, for petitioners.

Ogden Murphy Wallace, by Wayne D. Tanaka, for respondent.

Glenn J. Amster on behalf of the Building Industry Association of Washington, amicus curiae for petitioners.

BRACHTENBACH, J.

Plaintiffs are three companies which developed residential subdivisions within the city of Bothell (City). As a condition of the preliminary plat approval, the City required execution of "voluntary" agreements under which the developers were required to pay a predetermined $400 per lot as park-impact mitigation fees.

Plaintiffs paid a combined total of $106,000 in such impact fees in 1986 and 1987. Plaintiffs sued for a refund of those fees...

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