Wow! And how symbolic, immediately following Independence Day weekend. Awesome!
From: Norman MacLeod Sent: Monday, July 07, 2008 2:01 PM
Subject: CAPR v. SIMS decision
Here's a copy of the court decision in the case of CAPR v. SIMS.
The essential bit:
To summarize, the clearing limitations of KCC 16.82.150 constitute an in kind indirect "tax, fee, or charge" on new development. King County has failed in its burden to show that the ordinance falls within any exception to the imposition of those limitations to development. Accordingly, we hold that the ordinance must give way to the state statute.
King County has failed to demonstrate any other reason for the ordinance to stand. CAPR has demonstrated its invalidity as a matter of law. Accordingly, CAPR is entitled to judgment as a matter of law.
We reverse the summary judgment in favor of King County and remand with directions for entry of summary judgment in favor of CAPR.
This represents a victory for rural landowners statewide.