February 5, 2015

Vested Rights Taking Center Stage in Washington


The Washington Supreme Court denied review of the Potala Village Development v. City of Kirkland case today.  Potala Village planned a 143-unit residential development in Kirkland, but the City imposed a six month moratorium on building permit applications in the business neighborhood zone.  Potala Village believed they obtained vested rights because the City issued a shoreline substantial development permit in 2011 prior to the moratorium.  But Potala Village failed to obtain a building permit prior to the moratorium.  The Court of Appeals reasoned that Potala Village needed the building permit to obtain a vested right.

In the petition, Potala Village argues that it only needs the shoreline substantial development permit to obtain vested rights.

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