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Tag: critical areas

August 31, 2017

Article: are critical area buffers unconstitutional?

Today, the Seattle Journal of Environmental Law published my article, Are Critical Area Buffers Unconstitutional? Demystifying The Doctrine of Unconstitutional Conditions. Although the article focuses on developments in Washington state law, it contains arguments relevant to property rights practitioners elsewhere. For example, the article explains ...

May 14, 2015

Fighting to protect San Juan property owners from land grab

On June 2, 2015, Division I of the Washington State Court of Appeals is set to hear oral argument in the first state case seeking to limit government's ability to coerce property from land use applicants since PLF's landmark victory in Koontz v. St. Johns River Water Mgmt. Dist. (2013). The case, Common Sense Alliance ...

May 15, 2012

20 years of Pacific Northwest victories: the enduring impact of the HEAL decision

One way that PLF can assure that its property rights victories have a long-lasting impact is to "connect the dots" between past cases and current controversies.  A good example is the Washington Court of Appeals' 1999 decision in Honesty In Environmental Analysis and Legislation v. Seattle, which stands out as the first Washington case to ...

December 23, 2011

KAPO’s cert petition is catching attention

Earlier this year, PLF filed a petition for a writ certiorari with the U.S. Supreme Court in the case, Kitsap Alliance for Property Owners v. Central Puget Sound Growth Management Hearings Board.  The petition asks the Court to review a Washington appellate decision holding that a county can force landowners to dedicate large tracts of private ...

July 27, 2011

Victories and unanswered questions in buffer appeal

Author: Brian T. Hodges Earlier today, the Kitsap Sun published an op-ed that I co-authored with Jackie Rossworn, executive director of Kitsap Alliance of Property Owners.  The op-ed highlights several property rights victories and important issues that remain unresolved after Washington's Supreme Court declined to review the Kitsap County bi ...

June 07, 2011

If a tree pollutes in the woods…

Author: Brian T. Hodges For years, Washington's Department of Ecology has been trying to determine the source of pollutants entering Puget Sound.  The presumption, of course, has been that those dastardly humans who have the gall to live in a home and drive to work – god forbid that they take a trip to one ...

March 22, 2011

The cost of truth

Author: Brian T. Hodges If truth is held to be a virtue, then why did Washington's environmental agencies work so hard to stifle a bill that would require them to demonstrate that science used to develop environmental regulations passes the peer-review "sniff test?" The answer (drum-role please): money.  Washington's Department of Commerce (w ...

December 14, 2010

Rank, rotten, and foul! Kitsap County’s prosecutor uses shoreline buffers to make sure his neighbor can’t build his home

Author: Brian T. Hodges To borrow from Shakespeare, something is rotten in the County of Kitsap.  The County's elected prosecutor is living the American dream.  He has a fully developed waterfront property with a large home set back approximately 50 feet from his bulkheaded shoreline.  In other words, the prosecutor's home breaks ...

October 25, 2010

Court of Appeals: stream buffers took private property

Author: Brian T. Hodges Earlier this year, PLF stepped in to help Kipp and Marilyn Dunlap protect themselves against an uncompensated taking of their vacant residential lot in Nooksack, Washington (located just south of the Canadian border).  As you may recall, the Dunlaps purchased a quarter-acre lot with the dream of building their home the ...

March 23, 2010

PLF scores an assist for property rights in Washington

Author: Brian T. Hodges Washington's Growth Management Act is a mess. The Act directs local government to continually adopt new land use regulations designed to accomplish a whole host of inconsistent goals. Most notably, the GMA requires that local governments periodically update their critical area regulations – regardless of whether an update ...