| The Washington Supreme Court and the Court of Appeals, Division 1, issued a positive decision affecting the homebuilding industry. The landmark decision is the latest in series of legal setbacks for the city where private property rights issues are concerned.
A divided 5–4 Washington Supreme Court ruled the City of Bainbridge Island unlawfully imposed a multi-year moratorium on shoreline development permits.
BIAW member, and well-known Bainbridge Island builder Andy Mueller — along with the Homebuilders Association of Kitsap County (HBA) and Bainbridge Island property owners Ray and Julie Biggers — filed the lawsuit against the city after it imposed a multi-year moratorium on shoreline development permits. Bainbridge Island claimed it had authority to issue unlimited moratoria under the Shoreline Management Act and the powers delegated to it under the Washington Constitution.
Writing for the court, Justice Jim Johnson upheld the trial court and Court of Appeals, ruling that the city had no such authority. According to Justice Johnson, Bainbridge Island “usurped” the State’s power and disregarded the Washington Constitution which explicitly provides that Washington’s Shorelines are regulated by the State. Joining Justice Jim Johnson were Chief Justice Gary Alexander and Justice Richard Sanders and Bobbe Bridge. Justice Tom Chambers wrote a separate concurring opinion.
Justice Mary Fairhurst wrote the dissent arguing that the Washington Constitution grants local governments sweeping police powers, and that Bainbridge Island did not act unreasonably when it placed a rolling, multi-year moratorium on shoreline development. Justices Barbara Madsen, Charles Johnson, and Susan Owens joined the dissent.
“This is a significant victory for property owners,” said BIAW Legal Counsel, Andy Cook. “The Court quite clearly put local governments on notice that they do not have the authority to shut down development the way Bainbridge Island did in this case.”
According to Cook, local governments would be wise not to risk taxpayer dollars attempting to place moratoria on shoreline development. “Any local government that placed a moratorium on shoreline development will end up having to pay significant amounts of money and attorneys fee similar to Bainbridge Island.” BIAW filed an amicus curiae (friend of the court) brief and funded the case.
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