Construction


Land Use and Property 101: Restrictive Covenants

In the context of property and land use, a restrictive covenant is a promise of the respective landowner to not do something on the property.

Division III Clarifies Interpretation of Restrictive Covenants in Subdivisions

In Coyne et al. v. Grigg Family et al., lot owners within a subdivision in Richland, Washington, sued other lot owners, including the City of West Richland, for violations of restrictive covenants applicable to the subdivision.  Specifically, the lot owners challenged the commercial uses of lots within the subdivision.

EPA Revises FOIA Regulations Without Notice and Comment

On June 26, 2019, the Environmental Protection Agency (“EPA”) published a final rule updating its Freedom of Information Act (“FOIA”) regulations, without the standard notice and public comment period. The rule is effective on July 26, 2019.

Choose Your Own Adventure: The Case of Federal or State Jurisdiction

On June 21, 2019, the US Supreme Court overruled a 1985 case concerning the taking of property for public use, because it led to unexpected, and unfairly applied, results.

HB 1923 Passed; Encouragement for Increased Housing Density

Earlier this month, Governor Inslee signed into law HB 1923, an act amending the Growth Management Act (GMA) to provide incentives for local governments to increase housing density.

Identifying the Type and Form of an Easement is Critical in Evaluating Obligations and Rights

Easements are one of the most common—and often misunderstood—real property interests in law.

Washington State Licensing Decisions Do Not Need to Defer to Local Zoning Restrictions on Marijuana Producing and Processing Facilities

Division III of the Washington State Court of Appeals concluded that the state’s Growth Management Act (RCW 36.70A, “GMA”) does not require the Washington State Liquor and Cannabis Board (the “Board”) to defer to and incorporate local zoning laws when making licensing decisions.

Jordan Ramis Law Clerk Keenan Ordon-Bakalian Named Recipient of 2019 Larry Kressel Memorial Scholarship

Jordan Ramis is proud to announce the Lewis & Clark Law School’s 2019 Larry Kressel Memorial Scholarship honoree is Keenan Ordon-Bakalian.

Metro Council Approved Urban Growth Boundary Expansions

Earlier this week, the Metro Council unanimously voted to approve four urban growth boundary expansions, totaling nearly 2,200 acres.  The approval opens up a generous amount of land for new development, possibly 9,200 new homes, according to Metro.  The proposals…

How to Sufficiently Argue Your Land Use Appeal: Division III Clarifies Scope of “Exhaustion of Administrative Remedies” Requirement

The most important and often the most litigated issue under LUPA involves standing. With respect to standing, LUPA requires that the appellant satisfy four criteria.

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