NEW CASTLE INVESTMENTS v. CITY OF LACENTER

No. 23954-0-II.

989 P.2d 569 (1999)

98 Wash.App. 224

NEW CASTLE INVESTMENTS, a Washington partnership, Respondent, v. CITY OF LaCENTER, a municipality, Appellant.

Court of Appeals of Washington, Division 2.

December 10, 1999.


Attorney(s) appearing for the Case

Daniel H. Kearns, Reeve Kearns Pc, Portland, OR, Jeffrey Scott Myers, Lay, Lyman, Daniel, et al., Olympia, Douglas O. Whitlock, Whitlock & Saunders, Vancouver, for Appellant.

Randall Bryan Printz, Landerholm Memovich, Vancouver, Mark Stephen Davidson, Williams, Kastner & Gibbs, Bart Joseph Freedman, Roger D. Wynne, Seattle, Stephen Harold G. Overstreet, Olympia, for Respondent.


BRIDGEWATER, C.J.

The City of LaCenter appeals the decision of the Clark County Superior Court, which affirmed the hearings examiner's determination that LaCenter's transportation impact fee ordinance is subject to the vesting statute for land use ordinances, RCW 58.17.033. We hold that the vesting statute does not apply to transportation impact fees (TIFs) because they do not fall within the definition of "land use control ordinances." We therefore hold that LaCenter...

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