New Castle Investments v. City of LaCenter

98 Wash. App. 224 (1999)

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New Castle Investments v. City of LaCenter

Washington Court of Appeals
98 Wash. App. 224 (1999)

Facts

On April 7, 1996, New Castle Investments (New Castle) filed an application for preliminary plat approval for a proposed development in the city of LaCenter, Washington (the city) (defendant). On April 9, the city adopted a new transportation impact fee (TIF) ordinance, which became effective on April 16. New Castle’s plat was approved by a city hearings examiner, who found that New Castle had a vested right to develop the property without paying the TIF because New Castle’s plat application had been filed prior to the enactment of the TIF ordinance. LaCenter appealed the decision to the city council, arguing that the Washington vesting statute did not apply to impact fees because impact fees were not land-use control ordinances. Thus, LaCenter argued, New Castle was required to pay the TIF even though it was enacted after the filing of New Castle’s application. The city council agreed with LaCenter and found that New Castle was required to pay the TIF. New Castle appealed to the trial court, which reversed, finding that the TIF did not apply to the development. LaCenter appealed to the Washington Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Bridgewater, C.J.)

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