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JAMES v. COUNTY OF KITSAP

No. 73747-9.

115 P.3d 286 (2005)

James T. JAMES and Carol J. James, husband and wife, Ken Lund and Merri Lund, husband and wife, Forest Tonkins and Vicki Tonkins, husband and wife, Oakwood Homes, Inc., C.J. Homes, Inc., Grice Corporation, Inc., Washington Corporations, all individually and as Representatives of The Class, Respondents, v. COUNTY OF KITSAP, The Board of Kitsap County Commissioners, John Does I through IX, Appellants.

Supreme Court of Washington, En Banc.

Decided July 7, 2005.

Attorney(s) appearing for the Case

Peter Buck, Jeffrey S. Weber, Buck & Gordon LLP, Seattle, for Appellants.

Charles Wiggins, Kenneth Masters, Bainbridge Island, William H. Broughton, Silverdale, Martin Eugene McQuaid, Seattle, for Respondents.

Paul Hewson Reilly, Skagit County Prosecuting Attorney's Office, Mount Vernon, for Amicus Curiae Skagit County.

Brent David Lloyd, Civil Div. Snohomish County Prosecutor's, Everett, Amicus Curiae Washington Association of Prosecuting Attorneys.

David John Lenci, Grace Tsuang Yuan, Julie Anne Halter, Preston Gates & Ellis LLP, Seattle, Amicus Curiae Washington Schools Risk Management Pool.

C. JOHNSON, J.

¶ 1 In this case, we are asked to determine whether the imposition of impact fees as a condition on the issuance of a building permit is a "land use decision" subject to procedural requirements of the Land Use Petition Act (LUPA), chapter 36.70C RCW. Here, individuals and developers (Developers) seek a refund of impact fees paid to Kitsap County (County), claiming these fees were improperly imposed during a period the County's comprehensive plan...

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