Takings law is here to stay

August 16, 2013 | By BRIAN HODGES

The Supreme Court of Washington issued an opinion in Lemire v. Washington Department of Ecology yesterday, upholding an Ecology order that requires rancher Joe Lemire to install livestock exclusion fencing around a portion of his ranch that borders a creek.  This is a disappointing outcome for Lemire, who may now be required to block off … ...


Update : Washington Supreme Court accepts certification in important takings case

August 02, 2012 | By BRIAN HODGES

A few days ago, I wrote about Lemire v. Washington Department of Ecology and the exciting possibility that the Supreme Court of Washington might accept the Court of Appeals’ invitation to hear the case.  Well, it didn’t take long for the Supreme Court to act.  The Court accepted certification today, meaning it will decide the … ...


Washington Supreme Court gives local land use planning a “benevolent gesture”


Author: Brian T. Hodges Yesterday, Washington’s Supreme Court issued a short decision in Citizens for Rational Shoreline Planning v. Whatcom County, ruling that the State Department of Ecology is the entity ultimately responsible if a local government’s shoreline master program violates the law.  A simple proposition that brings w ...