CAPR v. SIMS

No. 59416-8-I.

187 P.3d 786 (2008)

CITIZENS' ALLIANCE FOR PROPERTY RIGHTS; Jeffrey Wright; Stan Alderman; Alan Stuart; Dan Covey; and J. Thomas Bernard, Appellants, v. Ron SIMS, in his official capacity as King County Executive; King County, a municipal corporation of the state of Washington; and the Metropolitan King County Council, Respondents.

Court of Appeals of Washington, Division 1.

July 7, 2008.


Attorney(s) appearing for the Case

Brian Trevor Hodges, Pacific Legal Foundation, Bellevue, WA, Sonya D. Jones, Evergreen Freedom Foundation, Olympia, WA, for Appellants.

Darren E. Carnell, Stephen Paul Hobbs, Office of the Prosecuting Attorney, Seattle, WA, for Respondents.

Keith Patrick Scully, Gendler & Mann LLP, Seattle, WA, for Amicus Curiae on behalf of Futurewise, People for Puget Sound, Transportation Choices Coalition, Citizens for a Healthy Bay, Wild Fish Conservancy, Sierra Club.


PUBLISHED IN PART

COX, J.

¶ 1 The primary issue on appeal is whether King County Ordinance 15053 § 14 (KCC 16.82.150), which limits clearing on property zoned rural area residential (RA) to a maximum of 50 percent, depending on the size of the parcel, violates RCW 82.02.020. The state statute generally prohibits counties from imposing "any tax, fee, or charge" on the development of land, subject to certain exceptions. The parties also address constitutional...

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