Maytown Sand & Gravel, LLC v. Thurston County

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The central issue in this case was whether the administrative exhaustion rule found in the Land Use Petition Act (LUPA) applies to all tort claims that arise during the land use decision-making process. In late 2009, Maytown purchased real property in Thurston County, Washington from the Port of Tacoma (Port) for the express purpose of operating a mine. The property came with an approved 20-year special use permit (permit) from Thurston County (County) for mining gravel. Maytown and the Port claimed the County's board of commissioners (Board) succumbed to political pressure from opponents to the mine and directed the County's Resource Stewardship Department to impose unnecessary procedural hurdles meant to obstruct and stall the mining operation. Because the property had been designated by the County as "mineral land of long term commercial significance," the County was obligated to balance the protection of the mineral land with the protection of critical areas. Other issues raised by this case centered on whether the evidence was sufficient to support the jury's finding of a substantive due process violation 42 U.S.C. 1983; whether an aggrieved party can recover prelitigation, administrative fora attorney fees intentionally caused by the tortfeasor under a tortious interference claim; and, whether the Court of Appeals erred in awarding a request under RAP 18.1(b) for appellate attorney fees that was not made in a separate section devoted solely to that request. The Washington Supreme Court affirmed the Court of Appeals on all but the third issue raised: the tortious interference claims pled in this case did not authorize recovery of prelitigation, administrative fora attorney fees. The Supreme Court therefore affirmed in part, and reversed in part. View "Maytown Sand & Gravel, LLC v. Thurston County" on Justia Law