Kitsap Peninsula Business Journal
8-5-2005
State high court ruling enforces impact fees

In a closely watched case with sweeping implications for Washington counties, the State Supreme Court ruled recently that developers may not wait for years after receiving building permits to challenge impact fees.

The Supreme Court’s decision was a major victory for Kitsap County, which faced losing nearly $4 million in impact fees it imposed on 2,000 developers between 1995 and 1999. The developers brought a class-action suit in 1999. By the time the suit was initiated, much of the building had occurred and the County had no other way to fund roads, schools and parks.

Among the County’s arguments was that the state Land Use Petition Act requires challenges to be filed within 21 days of building permits being issued. None of the 2,000 suit filers had done so, so the court dismissed their claims.