The BENCHMARK LAND COMPANY, an Oregon Limited Liability Company, Respondent,
v.
CITY OF BATTLE GROUND, Washington, a municipal corporation of the State of Washington, Appellant.
Court of Appeals of Washington, Division 2.https://leagle.com/images/logo.png
December 15, 2000.
December 15, 2000.
Attorney(s) appearing for the Case
William Dale Kamerrer, Law Lyman Daniel Kamerrer, Olympia; Brian H. Wolfe, Vancouver, for Appellant.
Ronald Alan Franz, Law Offices of ronald A. Franz, Seattle; Leanne Marie Bremer, Miller Nash Llp, Vancouver, for Respondent.
Bob C. Sterbank, Federal Way City Attorneys Office, Federal Way, Amicus Curiae Washington Assoc of Municipal Attorneys.
Pamela Beth Loginsky, Washington Assoc of Prosecuting Attorney, Olympia, Amicus Curiae Washington Assoc of Prosecuting Attorneys.
John Maurice Groen, Groen Stephens & Klinge Llp, Bellevue; Stephen Harold G. Overstreet, General Counsel-Building Ind. Assn of Washington, Amicus Curiae Building Indus. Assoc. of Washington.
Brent David Boger, Vancouver; Timothy M Harris, Pacific Legal Foundation, Bellevue, Amicus Curiae Pacific Legal Foundation.
Court of Appeals of Washington, Division 2.
ARMSTRONG, C.J.
Benchmark Land Company applied to the City of Battleground for a development permit. As a condition of approving Benchmark's application, the City required Benchmark to make half-street improvements to a street adjoining the development. We applied a Nollan / Dolan1 analysis to the condition and held that the City failed to show that the condition was proportional to the...
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