Washington Supreme Court will hear ‘forever tree’ permit lawsuit

Olympia, Washington; November 9, 2026: The Washington Supreme Court will hear an Edmonds property owner’s challenge to a “forever tree” condition on a permit to build a standard single-family home. A trial court ruled that the City of Edmonds violated Nathan Rimmer’s constitutional rights by refusing to issue him a building permit unless he agreed to set aside a portion of his property as a dedicated conservation area, plant two new trees there, and permanently maintain them for the City. At issue now is whether the City will be held accountable for wrongly withholding his permit for nearly two years.

“A violation of the Constitution isn’t a ‘fix-it ticket,’” said Brian Hodges, an attorney at Pacific Legal Foundation. “The City’s refusal kept Mr. Rimmer from building on his own land for nearly two years. Property owners deserve compensation when the government holds up their permit over an unconstitutional demand, even if it backs down after a court steps in.”

Rimmer bought an Edmonds, Washington, property in 2022. The City refused to issue any permit decision unless he agreed to dedicate a portion of his property as a new conservation area, recorded on the property’s title, and plant two new trees to replace an ornamental dogwood blocking the center of the lot. Rimmer argued that the City’s demands were disproportionate and that the government could not order him to give up control of his property just for permission to build a home.

A Washington trial court ruled in his favor, finding the City’s demands unconstitutional and holding it liable for damages. However, the Court of Appeals dismissed the case, ruling state law barred Rimmer’s damages claim because he never appealed the permit that the City eventually issued. Rimmer asked the Washington Supreme Court to take up his case, and the state’s high court confirmed on November 6 that it would.

A victory in Rimmer’s case would affirm that the government cannot evade the U.S. Supreme Court’s rulings that prevent the government from leveraging the permitting process to make demands unrelated to a property owner’s proposed project.

Pacific Legal Foundation represents Rimmer free of charge. The case is Nathan Rimmer v. City of Edmonds, WA.