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POTALA VILLAGE KIRKLAND v. CITY OF KIRKLAND

No. 70542-3-I.

334 P.3d 1143 (2014)

POTALA VILLAGE KIRKLAND, LLC, a Washington limited liability company, and Lobsang Dargey and Tamara Agassi Dargey, a married couple, Respondents, v. CITY OF KIRKLAND, a Washington municipal corporation, Appellant.

Court of Appeals of Washington, Division 1.

August 25, 2014.

Attorney(s) appearing for the Case

Stephanie Ellen Croll , Keating Bucklin & McCormack Inc. PS, Seattle, WA, Robin Jenkinson , City Attorney, Kirkland, WA, for Appellant.

Duana Theresa Kolouskova , Johns Monroe Mitsunga Kolouskova PLLC, Bellevue, WA, for Respondent.

Roger D. Wynne , Seattle City Attorney's Office, Seattle, WA, Amicus Curiae on behalf of Wa State Association of Municipal Attorneys.

Tim Trohimovich , Futurewise, Jeffrey M. Eustis , Aramburu & Eustis LLP, Seattle, WA, Amicus Curiae on behalf of Futurewise.

COX, J.

¶ 1 Washington's vested rights doctrine originated at common law but is now statutory.1 Under RCW 19.27.095(1), vesting occurs on the filing of a "valid and fully complete building permit application." In such an event, the "zoning or other land use control ordinances in effect on the date of the application" shall control.2

¶ 2 Here, Lobsang Dargey, Tamara Agassi Dargey, and Potala...

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