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Minerals Have Rights Too!
Posted on Monday, December 01, 2014
Josephine County Circuit Court, Oregon Court of Appeals, mineral rights, sand, gravel, construction
Washington Businesses Concerned About Potential New Water Quality Rules
Posted on Wednesday, November 26, 2014
Fish, Washington, Water Quality Rules
Clark County Fee Waiver; Not Effective
Posted on Tuesday, November 25, 2014
According to an independent report by The Clark County Auditor a program that waives development and impact fees for non-residential land uses is not effective. The report suggests that the program...
Ridgefield's Emergency Ordinance
Posted on Friday, November 21, 2014
The City of Ridgefield passed this emergency ordinance last night placing a moratorium on multi-family residential. The moratorium stems from ambiguities in their code related to density transfer a...
Can I Get A Mulligan? UPDATE 11/20/14
Posted on Thursday, November 20, 2014
UPDATE: The Washington Supreme Court just issued an opinion today on this case check back tomorrow for the analysis.A very fascinating case just announced on Valentine’s Day by Division III o...
Washington Water and NPDES Permit
Posted on Friday, November 07, 2014
A coalition of environmental groups is suing the Washington Energy Facility Site Evaluation Council for reissuing water permits to the state’s only nuclear power plant.  The permits allo...
Siting the 2016 Street of Dreams
Posted on Tuesday, November 04, 2014
Portland developer Dennis Pahlisch believes south Hillsboro is a smart location for new executive housing.  The 1,400-acre area near Hillsboro’s leading employers is slated for 25,000 re...
Feds to Loosen Mortgage Rules
Posted on Tuesday, October 21, 2014
Fannie Mae, federal government, Federal Home Loan Banks, Federal Housing Finance Agency, FHFA, Freddie Mac, government sponsored enterprises, GSE, Melvin Watts, Mortgage Bankers Association
HB 2254
Posted on Thursday, October 09, 2014
This 2013 law mandates “simplified” methods for expansion of urban growth boundaries outside Metro in order to lighten the burden on cities and counties. A committee largely comprised o...
Washington Shoreline Projects Just Got Riskier
Posted on Thursday, September 18, 2014
The Washington Court of Appeals recently decided that Shoreline Development Permits, required for development projects along the Columbia River and most other waterfronts, do not enjoy the same pro...
Survey Supports Housing Choice
Posted on Thursday, September 11, 2014
For many years, the State of Oregon and Metro have enforced laws compelling local governments to reduce the size of single-family lots and increase the percentage of multifamily housing.  Many...
Who is in Charge of that Signal? - Update
Posted on Monday, August 25, 2014
In March, the Land Use Board of Appeals ("LUBA") decided that Washington County could not unilaterally remove a traffic signal from Tualatin Sherwood Road without regard for the City of Sherwood or...
National Association of Home Builders Update
Posted on Tuesday, August 12, 2014
The National Association of Home Builders just released a report indicating that for every $1,000 increase in the price of a home it chases away 206,000 people from the market.  The analysis e...
Municipal Stormwater Permit & Manual Modifications
Posted on Thursday, August 07, 2014
The Washington State Department of Ecology (Ecology) announced August 6, 2014, it’s  modifications to the Phase I and Phase II Municipal Stormwater Permit and Stormwater Management Manual for We...
Letters of Intent: Let me be perfectly clear...
Posted on Friday, August 01, 2014
By Attorney and Shareholder Robert Koury The economy’s emerging recovery is causing many businesses to increase the pace of their transactions. In the race to show good faith and serious i...
Oregon Filled Lands Advisory Group
Posted on Wednesday, July 23, 2014
The Oregon Filled Lands Advisory Group (FLAG) recently presented draft recommendations for changing how the state asserts ownership of submerged and submersible land.  Before 1963, there were ...
Considerations for a New Development Era
Posted on Friday, July 11, 2014
Attorney James Howsley presented to the Clark County Association of Realtors on, "The Big Picture: Considerations for a New Development Era." Here are the three key points from his pre...
Would Washington Benefit from a New Statutory Takings Initiative Given Oregon's Experience?
Posted on Monday, July 07, 2014
James Howsley presented in Seattle on this topic. Here are the three key points to take away: 1) A cumbersome land use system can lead to initiatives such as Measure 7 and Measure 37. 2) Was...
State Issues Update
Posted on Tuesday, July 01, 2014
The Department of Revenue released a draft rule that we commented on, along with BIAW (Building Industry Association of Washington) and others, that would seemingly charge BIA B&O taxes on the ...
Who is in Charge of that Signal?
Posted on Friday, June 20, 2014
Large retail developments demand signalized access because it provides full turning movements into and out of the site.  Land use approvals often require developments to build signalized inter...
Local Government Update: Clark County
Posted on Friday, June 20, 2014
The County is moving forward with several projects. First comments were due last month on the draft stormwater code and new stormwater manual. The BIA submitted several comments and have met with s...
Posted on Friday, June 13, 2014
Large retail developments demand signalized access because it provides full turning movements into and out of the site. Land use approvals often require developments to build signalized intersectio...
HB 4078 A Grand Bargain for Some; Years More Work for Others
Posted on Thursday, June 05, 2014
By Attorney James D. Howsley and Land Use Planner/Paralegal Joseph S. Schaefer\r\nHouse Bill 4078, which was signed by the governor on April 1, 2014, provides urban growth certainty and opportunity...
Lessons from Legislators
Posted on Friday, May 30, 2014
The biggest news this month in the government affairs arena revolves around the April 16 legislative luncheon sponsored by the Building Industry Group PAC and the Greater Vancouver Chamber of Comme...
Milwaukie Sewer Backup
Posted on Thursday, May 22, 2014
Sewer operators often use pressurized water to clean their mains, and on rare occasions this causes messy sewer backups into adjacent homes.  One such unfortunate homeowner argued that the bac...
Policy Change at Federal Housing Finance Agency
Posted on Wednesday, May 14, 2014
The head of the Federal Housing Finance Agency, which supervises Fannie Mae and Freddie Mac, announced new policies to reinvigorate the two huge residential lenders. Mr. Watt described four stra...
Posted on Wednesday, May 07, 2014
In September 2010 the Oregon Court of Appeals rejected The City of Woodburn’s attempt to expand its urban growth boundary (the “UGB”) to add 409 acres for industrial use, concludi...
Low Impact Development Rules Impacting Development Soon
Posted on Thursday, May 01, 2014
In August 2012, the Washington Department of Ecology (“Ecology”) issued a new Phase I National Pollutant Discharge Elimination System (“NPDES”) permit that took effect in A...
Dam(med) if You do
Posted on Wednesday, March 05, 2014
Washington Court of Appeals Division II issued a decision on an interesting case on Tuesday regarding damage caused by release of additional water to property below a dam on the North For...
Ding Dong! Washington Impact Fee Deferrals Bill Dead
Posted on Friday, February 21, 2014
Last year, 2013, the Washington legislature approved with overwhelming support (83 to 11 in the House and 34 to 14 in the Senate) a bill that would have allowed the deferral of impact fee...
Metro Urban Reserves – Strike One
Posted on Thursday, February 20, 2014
The Oregon Court of Appeals decided today that Metro’s urban and rural reserves have four legal defects and large parts must be done over. The Metro urban reserves is by far the largest an...
Beware! Builders Targeted by Patent Trolling Company
Posted on Wednesday, February 19, 2014
Last week, several Portland/Vancouver Metropolitan area home builders received a demand letter from Savannah IP, Inc (“Savannah”) asserting patent rights over certain commonly used mois...
“THINK”ing About Construction
Posted on Thursday, February 13, 2014
A surprising resource in Clark County is the “THINK!” program, which is a collaboration between the Building Industry Association (BIA) and Clark County. It aims to educate existing and...
Stuck Between a Rock and a Crusher
Posted on Tuesday, February 11, 2014
In a tough aggregate case, the Washington Supreme Court ruled against Kittitas County, for two reasons.  First, when the county SEPA approval was appealed, the county board did not allow testi...
NPDES Phase I Municipal Stormwater Permit Decision Coming Soon!
Posted on Thursday, January 23, 2014
A decision will be issued on or around February 28 regarding PCHB NOS. 12-093c. We’ve previously blogged about this particularly impactful case (here, here, here, and here) and...
Washington House Bill 2293
Posted on Wednesday, January 15, 2014
Representative Pike and others just dropped House Bill 2293, which would create triggers for the review of rules, permits, or guidelines by the joint administrative rules review committee.&nbs...
Is Household Formation Coming? And What Does it Look Like?
Posted on Tuesday, January 14, 2014
Here is an interesting paper just issued by the Kansas City Federal Reserve regarding the state of household formation in the United States, one of the largest drivers and predictors of future...
Woodburn UGA – Strike Two
Posted on Friday, January 10, 2014
The Oregon Court of Appeals kicked off the new land use year with a reprise of its 2010 opinion rejecting the City of Woodburn’s urban growth boundary expansion.  In 2005, the city decid...