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BELLEAU WOODS II, LLC v. CITY OF BELLINGHAM

No. 62041-0-I.

208 P.3d 5 (2009)

BELLEAU WOODS II, LLC, a Washington limited liability company, Respondent, v. CITY OF BELLINGHAM, a municipal corporation, Appellant.

Court of Appeals of Washington, Division 1.

May 26, 2009.

Attorney(s) appearing for the Case

Jeff H. Capell, Tacoma, WA, for Appellant.

Gregory Thulin, Bellingham, WA, Margarita Latsinova, Seattle, WA, for Respondent.

BECKER, J.

¶ 1 This appeal by the City of Bellingham requires us to say what "mitigation" means in a new park impact fee ordinance. The city imposed the fee against a landowner who had already contributed land for a neighborhood trail by way of an easement over wetlands. Considering the ordinance as a whole and indicators of legislative intent, we conclude the exemption for past mitigation does not apply. The city is entitled to impose the fee so long as the...

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