Town of Woodway v. Snohomish County

The issue before the Supreme Court in this case centered on whether the "vested rights doctrine" applied to permit applications filed under plans and regulations that were later found to be noncompliant with the State Environmental Policy Act (SEPA). In 2006, BSRE Point Wells LP asked Snohomish County to amend its comprehensive plan and zoning regulations to allow for a mixed use/urban center designation and redevelopment of the Point Wells site. BSRE wanted to redevelop the property by adding over 3,000 housing units and over 100,000 square feet of commercial and retail space. The petitioners, Town of Woodway and Save Richmond Beach Inc., opposed the project. They argued that the area lacked the infrastructure needed to support an urban center, namely sufficient roads and public transit. These nearby communities did not want to "bear the burden of providing urban services to the site." Upon review, the Supreme Court concluded the vested rights doctrine did apply to the permit applications filed in this case: local land use plans and development regulations enacted under the Growth Management Act (GMA), chapter 36.70A RCW, are presumed valid upon adoption. Should a valid plan or regulation later be found to violate SEPA, the exclusive remedies provided by the GMA affect only future applications for development-not development rights that have already vested. In this case, BSRE Point Wells LP (BSRE) submitted complete applications for development permits before the local land use ordinances were found to be noncompliant with SEPA. BSRE's rights vested when it submitted its applications. A later finding of noncompliance did not affect BSRE's already vested rights. View "Town of Woodway v. Snohomish County" on Justia Law