Land Use


Building a Case for Damages Claims under RCW 64.40.020

With the Washington State Supreme Court’s recent decision in Church of the Divine Earth v. Tacoma, permit applicants challenging a jurisdiction’s decision may have a new approach to arguing a damages claim under RCW 64.40.020(1).  In that case, the Supreme…

Washington Supreme Court Clarifies Standard of Review for Damages Claims under RCW 64.40.020

The permitting process can often be a long, tedious, and sometimes unsuccessful journey.  Whether it is continuing disagreement over the interpretation and application of code provisions, delay in the public process, or lengthy negotiation and discussion in the political spheres—the…

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.

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.

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.

Land Use Law On The Move: Planning and Permitting for Bicycle Ride Share Programs

By Armand Resto-Spotts, Attorney This article originally appeared in the April 12, 2019 edition of the Vancouver Business Journal. Free-floating, dockless bike share programs are quickly becoming a common means of transportation within cities.  According to the Bicycle Product Supplies…

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.

UGB Expansion Areas That Can Actually Be Developed

By Jamie Howsley, Attorney & Keenan Ordon-Bakalian, Law Clerk This article was originally published in the January 25, 2019 edition of the Daily Journal of Commerce Oregon.  Four new urban growth boundary expansions open up 2,181 acres for development of…

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