BELLEAU WOODS II, LLC v. City of Bellingham

208 P.3d 5 (2009)

BELLEAU WOODS II, LLC, a Washington limited liability company, Respondent,

v.

CITY OF BELLINGHAM, a municipal corporation, Appellant.

No. 62041-0-I.

Court of Appeals of Washington, Division 1.

May 26, 2009.

Jeff H. Capell, Tacoma, WA, for Appellant.

Gregory Thulin, Bellingham, WA, Margarita Latsinova, Seattle, WA, for Respondent.

BECKER, J.

¶ 1 This appeal by the City of Bellingham requires us to say what "mitigation" means in a new park impact fee ordinance. The city imposed the fee against a landowner who had already contributed land for a neighborhood trail by way of an easement…