Legal Opinion

Citizens for Rational Shoreline Planning v. Whatcom County

Court of Appeals of Washington

Decided May 10, 2010No. 63646-4-IPublishedCited by 6 opinions

1Opinion of the CourtDwyer, C.J.

¶1 At issue in this appeal from the superior court’s CR 12(b)(6) order of dismissal is whether shoreline master programs (SMPs), developed pursuant to the Shoreline Management Act of 1971 (SMA), chapter 90.58 RCW, are subject to RCW 82.02.020, which prohibits local governments from imposing direct or indirect taxes, fees, or charges on development. Because of the pervasive and necessary involvement of the state, through the Department of Ecology, in the development, review, and approval of SMPs, the superior court correctly ruled that RCW 82.02.020’s prohibitions do not apply to these…

2Cases cited15 opinions

  1. Orion Corporation v. StateWashington Supreme Court · 1987
  2. Isla Verde International Holdings, Inc. v. City of CamasWashington Supreme Court · 2002
  3. Buechel v. Department of EcologyWashington Supreme Court · 1994
  4. Trimen Development Co. v. King CountyWashington Supreme Court · 1994
  5. Rodriguez v. Loudeye Corp.Court of Appeals of Washington · 2008

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3Cited by6 opinions

  1. City of Federal Way v. Town & Country Real Estate, LLCCourt of Appeals of Washington · 2011
  2. Kitsap Alliance of Property Owners v. Central Puget Sound Growth Management Hearings BoardCourt of Appeals of Washington · 2011
  3. Citizens for Rational Shoreline Planning v. Whatcom CountyWashington Supreme Court · 2011
  4. CRSP. v. Whatcom CountyCourt of Appeals of Washington · 2010
  5. City of Federal Way v. TOWN & COUNTRYCourt of Appeals of Washington · 2011

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