Ray and Julie BIGGERS, husband and wife; Andy Mueller d/b/a Mueller Construction and Andy Mueller, individually; Craig and Sandy Powell, d/b/a Sealevel Bulkhead Builders, Inc., and Home Builders Association of Kitsap County, Respondents,
v.
CITY OF BAINBRIDGE ISLAND, Petitioner.
Supreme Court of Washington, En Banc.https://leagle.com/images/logo.png
Argued March 16, 2006.
Decided October 11, 2007.
Attorney(s) appearing for the Case
Stephanie Ellen Croll, Michael Charles Walter, Keating Bucklin & McCormack Inc PS, Jay Palmer Derr, Gordon Derr LLP, Peter L. Buck, The Buck Law Group, Seattle, WA, Dawn Findlay Reitan, Inslee Best Doezie & Ryder PS, Rosemary Anne Larson, Attorney at Law, Bellevue, WA, for Petitioner.
Dennis Dean Reynolds, John E. Keegan, Davis Wright Tremaine LLP, Seattle, WA, Traci Lyn Shallbetter, Shallbetter Law, Cle Elum, WA, for Respondents.
Daniel Brian Heid, City of Auburn, Auburn, WA, Milton G. Rowland, Foster Pepper PLLC, Spokane, WA, Amicus Curiae on behalf of Washington State Association of Municipal Attorneys.
Russell Clayton Brooks, Pacific Legal Foundation, Bellevue, WA, Andrew C. Cook, Building Industry Association of Washington, Olympia, WA, Amicus Curiae on behalf of Building Industry Association of Washington, Washington Association of Realtors and Pacific Legal Foundation.
Hilary S. Franz, Hilary S. Franz, Attorney at Law, Bainbridge Island, WA, David Alan Bricklin, Bricklin Newman Dold LLP, Seattle, WA, Amicus Curiae on behalf of Washington Environmental Council.
Laura Colthurst Kisielius, Civil Division, Snohomish County Prosecutor's, Everett, WA, Amicus Curiae on behalf of Snohomish County.
Thomas J. Young, Katharine G. Shirey, Attorney General's Office, Ecology Division, Alan D. Copsey, Office of the Atty. General, Olympia, WA, Amicus Curiae on behalf of Washington Department of Ecology and Washington State Dept. of Community Trade & Economic Development.
Supreme Court of Washington, En Banc.
J.M. JOHNSON, J.
¶ 1 Today, we review the Bainbridge Island City (City) Council's adoption of rolling moratoria, which imposed a multi-year freeze on private property development in shoreline areas. The City denied the processing of permit applications for more than three years. There is no state statutory authority for the City's moratoria or for these multiple extensions. Clearly, this usurpation of state power by the local government disregards article XVII...
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