Kitsap Peninsula Business Journal
7-3-2003
Bainbridge shoreline moratorium ruled illegal

Superior Court Judge Leonard Costello has ruled that the shoreline moratorium adopted by the City of Bainbridge Island in 2001 is illegal. Costello’s decision stated that the Shoreline Management Act does not allow a moratorium and that the local law conflicts with state law. The next step is an order granting the summary judgment to invalidate the ordinance.

At presstime it was not known whether or not the city will appeal, but it appears the city council has painted itself into a political corner and will not have a choice.

In 2001, the Home Builders Association of Kitsap County (HBA) filed suit on behalf of its members challenging the City of Bainbridge Island’s Shorelines Development Moratorium. The lawsuit was supported by Building Industry Association of Washington’s (BIAW) Legal Fund.