CITY OF OLYMPIA v. DREBICK

No. 29018-9-II.

83 P.3d 443 (2004)

119 Wash.App. 774

CITY OF OLYMPIA, a Washington code city, Respondent, v. John DREBICK and Jane Doe Drebick, husband and wife, d.b.a. Drebick Investments, Appellants.

Court of Appeals of Washington, Division 2.

As Amended February 18, 2004.


Attorney(s) appearing for the Case

Alexander Weal Mackie, Greg Overstreet, Perkins, Coie, LLP, Olympia, for Appellants.

John Edward Vanek, City of Olympia Legal Dpt, Jeffrey Scott Myers, Law Lyman Daniel Kamerrer et al, Olympia, David John Lenci, Julie Anne Halter, Preston Gates & Ellis, LLP, Seattle, for Respondent.

Russell Clayton Brooks, Pacific Legal Foundation, Bellevue, Robin L. Rivett, Pacific Legal Foundation, Sacramento, CA, for Amicus Curiae Pacific Legal Foundation.

Kristopher Ian Tefft, Association of Washington Business, Olympia, for Amicus Curiae Building Ind. Assoc. of Wa.


MORGAN, J.

John Drebick wanted to build an office building in the City of Olympia. Citing the Growth Management Act (GMA),1 the City of Olympia conditioned the building permit for a new office building on his payment of a traffic impact fee. Acting pursuant to Title 15 of its Municipal Code, the City calculated the fee by averaging the cumulative traffic-related impacts of all new office buildings. We assume that when the City made its...

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