Cave Properties v. City Of Bainbridge Island

Maxa, A.C.J.

¶1 Cave Properties and Marcia Wicktom (collectively Cave) appeal the superior court’s dismissal of an action in which Cave asserted both a petition under the Land Use Petition Act (LUPA), chapter 36.70C RCW, and a petition for a writ of review. Cave’s action challenged the approval by the City of Bainbridge Island’s city council of a “latecomer reimbursement agreement,” which generally allows a developer who installs a water system to obtain reimbursement from other persons who later use that system. The approved agreement required Cave to reimburse John and Alice Tawresey if Cave…