Client Collaborations
All Representative Cases
Benchmark v. City of Battle Ground. The Supreme Court ruled that the city’s requirement for a developer to improve street frontage was unlawful. The key in that case was the fact that the developer would put few trips on the street that the city was requiring the developer to improve. The required connection between an impact of the development and the need for the public improvement was lacking.
Habitat Watch v. Skagit County. The Washington Supreme Court ruled that an environmental group’s challenge to golf course project was untimely under the Land Use Petition Act. The court found that not only did the environmental group not file an appeal in time after learning the project was going forward, but that filing a motion for reconsideration with the county, instead of court, was the wrong venue in which to challenge the permit.
Isla Verde v. City of Camas. The Washington Supreme Court ruled that the city’s requirement for a developer to set aside 30 percent of its land as open space as a condition of subdivision approval was unlawful. The court resolved an important issue that had yet to be firmly determined in prior cases: that a Washington statute, RCW 82.020.020, prohibits governments from requiring developers to pay fee, dedicate land, or make an improvement as a condition of a permit unless the condition directly mitigates an impact of the development. The court stated this statute applied even though the city would not take title to the open space.
Zoning and Comprehensive Plan Change Applications. Managed applications to change zoning and comprehensive plan designations, and for development of large parcels inside Metro Urban Growth Boundary.
Residential Land Development. Obtained permits for and successfully defended application for residential development in Portland, Beaverton, Tigard, Hillsboro, Lake Oswego, West Linn, Cannon Beach, Bend, and many other Oregon cities and counties. Successfully defended approvals at the Oregon Land Use Board of Appeals.
Land Use Appeals. Represented public and private parties in appeals before local hearings officers, elected officials, and the Land Use Board of Appeals.
Land Use Permitting. Obtained conditional use, subdivision, partition, property-line adjustment, variance, master plan, development agreement, and other land use approvals to meet client goals for development projects.
Aquatic Habitat Restoration Counsel. Advised Northwest tribes on real estate, land use, and regulatory requirements to breach federally permitted dikes and allow tidal inundation of lands to facilitate salmon habitat restoration.
Rural Development. Obtained statewide planning goal exception, zoning map amendment, and comprehensive plan map amendment to facilitate industrial development on rural land.