Legal Opinion

Johnson v. City of Seattle

Court of Appeals of Washington

Decided October 13, 2014No. Nos. 68819-7-I; 68994-1-IPublishedCited by 2 opinions

1Opinion of the Court

¶1 Johnson was cited by the City for parking more than three vehicles on his single-family lot. He subsequently established that he had a vested right to a legal nonconforming use to park five additional cars on his lot. Under the City’s ordinance scheme, Johnson was unable to present evidence of his nonconforming use as a defense to his citations. This violated his right to procedural due process. We vacate the citations, reverse the dismissal of his § 1983 claims, and remand.

Appelwick, J.

FACTS

¶2 Tyko Johnson owns a single-family home in Seattle. He has lived in the home since 1959. Johnson…

2Cases cited24 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  3. City of Redmond v. MooreWashington Supreme Court · 2004
  4. City of Redmond v. MooreWashington Supreme Court · 2004
  5. Sintra, Inc. v. City of SeattleWashington Supreme Court · 1992

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3Cited by2 opinions

  1. Donald And Kathleen Miller v. City Of SammamishCourt of Appeals of Washington · 2019
  2. Wash. Trucking Ass'ns v. Emp't Sec. Dep'tWashington Supreme Court · 2017

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