Vintage Construction Co. v. City of Bothell

The City of Bothell conditioned approval of a subdivision on the payment of a $400-per-lot fee. Both-ell contends its methodology for calculating the fee satisfies the statute that permits a fee "in lieu of a dedication” of land for park purposes. Under Trimen Dev. Co. v. King County, 2 a fee in lieu of dedication is permissible only if it is based on the value of land which the developer could be required to dedicate. Because Bothell did not determine in a site-specific manner the value of the land the developer could have been required to dedicate, the fee is invalid and must be refunded.

Thi…