Legal Opinion

Burton v. Clark County

Court of Appeals of Washington

Decided July 10, 1998No. 20372-3-II, 21866-6-IIPublishedCited by 21 opinions

1Opinion of the CourtMorgan, J.

— Clark County (the County) conditioned its approval of a three-lot short plat on the landowner’s dedicating a right-of-way and building a road, curbs and sidewalks. The landowner objected. The resulting issue is whether the condition is a taking of private property without just compensation, or a proper exercise of the county’s police power.

Lance Burton owns a small parcel of land in unincorporated Clark County. It is 0.78 acre in area and trapezoidal in shape. It is zoned for residential lots of not less than 6,000 square feet each. Its boundaries are 305 feet long on the west; 100 feet on…

2Cases cited45 opinions

  1. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  2. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  3. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
  4. Mugler v. KansasSupreme Court of the United States · 1887
  5. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987

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3Cited by21 opinions

  1. Loeffelholz v. Citizens for Leaders With Ethics & Accountability NowCourt of Appeals of Washington · 2004
  2. Honesty in Environmental Analysis & Legislation (HEAL) v. Central Puget Sound Growth Management Hearings BoardCourt of Appeals of Washington · 1999
  3. Citizens' Alliance for Property Rights v. SimsCourt of Appeals of Washington · 2008
  4. Isla Verde International Holdings, Inc. v. City of CamasCourt of Appeals of Washington · 1999
  5. Benchmark Land Co. v. City of Battle GroundCourt of Appeals of Washington · 1999

16 more not listed; retrieve them via the Exa API.

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