CONNER v. CITY OF SEATTLE

No. 62563-2-I.

223 P.3d 1201 (2009)

153 Wash.App. 673

William CONNER and Marilyn Conner, husband and wife, Appellants, v. CITY OF SEATTLE, a Washington municipal corporation, Respondent.

Court of Appeals of Washington, Division 1.

December 21, 2009.


Attorney(s) appearing for the Case

George Richard Hill, McCullough Hill, PS, Seattle, WA, for Appellants.

Judith B. Barbour, Seattle City Attorneys Office, Seattle, WA, for Respondent.

Brian Trevor Hodges, Pacific Legal Foundation, Bellevue, WA, Nicholas Gieseler, Pacific Legal Foundation, Stuart, FL, for Amicus Curiae Pacific Legal Foundation.

Julia Miller, Elizabeth S. Merritt, National Trust for Historic Preservation, Washington, DC, Michael David Smith, Attorney at Law, Baltimore, MD, John Paul Bagley, Attorney at Law, Salt Lake City, UT, for Amicus Curiae The National Trust for Historic Preservation.


ELLINGTON, J.

¶ 1 William and Marilyn Conner purchased a designated historical landmark property in West Seattle known as the Satterlee House. The Landmarks Preservation Board rejected their proposal to develop the site because it did not preserve the protected historic features. The hearing examiner and the superior court upheld the Board's decision.

¶ 2 The Conners' principal contention is that the Landmarks Preservation Ordinance

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