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Articles 121 - 136 of 136
Full-Text Articles in Law
Dashed "Investment-Backed" Expectations: Will The Constitution Protect Property Owners From Excesses In Implementation Of The Growth Management Act?, Elaine Spencer
Seattle University Law Review
Section I briefly discusses the basic principles of takings law as enunciated by prior cases, as well as the United States Supreme Court's recent decision in Lucas v. South Carolina Coastal Council, and the Washington Supreme Court's recent decisions in Sintra, Inc. v. Seattle and Robinson v. Seattle. Although the Lucas decision has received considerable publicity, it advanced the state of the law rather little. The real guidance for future decisions arising out of the GMA will come from earlier United States Supreme Court decisions and the Washington Supreme Court's decisions in Sintra, Robinson, and Lutheran …
Guidance For Growth: A Symposium On Washington State's Growth Management Act, Kimberly L. Deasy, Brian L. Holtzclaw
Guidance For Growth: A Symposium On Washington State's Growth Management Act, Kimberly L. Deasy, Brian L. Holtzclaw
Seattle University Law Review
No abstract provided.
Practice And Procedure Before The Growth Planning Hearings Boards, Wm. H. Nielsen, M. Peter Philley, Chris Smith Towne
Practice And Procedure Before The Growth Planning Hearings Boards, Wm. H. Nielsen, M. Peter Philley, Chris Smith Towne
Seattle University Law Review
In 1990, the Washington State Legislature took the first significant step toward growth management when it enacted the Washington Growth Management Act (GMA). The GMA directs cities and counties to protect natural features and to begin planning to accommodate anticipated population increases. The legislature examined the recommendation of the Growth Strategies Commission' to create an independent dispute resolution system to resolve conflicts under the GMA. The Commission recommended the use of a panel of independent arbitrators with mediation and binding arbitration. Appeals would be limited to the Washington State Court of Appeals only on constitutional and procedural issues. The legislature …
Takings Law, Lucas, And The Growth Management Act, John M. Groen, Richard M. Stephens
Takings Law, Lucas, And The Growth Management Act, John M. Groen, Richard M. Stephens
Seattle University Law Review
In light of Lucas and the recent constitutionally questionable Washington decisions, government entities charged with implementing the GMA may have a more difficult time avoiding takings liability than previously thought. Accordingly, this Article first seeks to clarify the modern takings analysis as refined by Lucas. Second, Washington takings precedent is contrasted with the federal approach and several key changes are suggested to make state law consistent with controlling federal precedent. Third, key aspects of the GMA are identified that can be expected to raise takings implications. By identifying potential trouble spots in the GMA now, hopefully some takings will …
The Growth Management Revolution In Washington: Past, Present, And Future, Richard L. Settle, Charles G. Gavigan
The Growth Management Revolution In Washington: Past, Present, And Future, Richard L. Settle, Charles G. Gavigan
Seattle University Law Review
Since near misses nearly twenty years ago, comprehensive reform of Washington land use regulatory legislation has been simmering on the back burner. In 1989, the pot began to boil. Central Puget Sound area motorists fumed in "gridlock" traffic. They denounced dense, downtown development, fretted over soaring housing prices, and lamented the loss of forests, farms, and salmon-spawning streams. Thus, the growth management revolution was fomented not by the poor and downtrodden, nor by academic theorists, but by the middle-class suburban masses who sensed escalating degradation of community, environment, and quality of life. They demanded change. The revolutionary battles were fought …
The Protection Of Wildlife Under Washington's Growth Management Act, Alan D. Copsey
The Protection Of Wildlife Under Washington's Growth Management Act, Alan D. Copsey
Seattle University Law Review
Will critical areas and resource lands, as implemented under the GMA, effectively contribute to the conservation of wildlife and wildlife habitat in Washington? The remainder of this Article will address that question. First, this Article briefly describes some aspects of biological diversity that must be understood before proceeding further. Second, it sets forth several central principles from modern conservation biology that are essential for maintaining habitat integrity and species viability and considers their applicability to critical areas and resource lands, as defined by the GMA. Third, it explains how these principles could be used to identify and protect habitat remnants …
Economic Development And Public Transit: Making The Most Of The Washington Growth Management Act, Robert H. Freilich, Elizabeth A. Garvin, S. Mark White
Economic Development And Public Transit: Making The Most Of The Washington Growth Management Act, Robert H. Freilich, Elizabeth A. Garvin, S. Mark White
Seattle University Law Review
Rapid and unplanned urban growth in the urbanizing and rural fringe areas of the United States has led to numerous problems for state, local, and regional governments. In particular, six crises are readily identifiable, each of which threatens to undermine quality of life and local competitive economic advantage. These crises include the following: (1) deterioration of central cities, first-ring suburbs, and closer-in neighborhoods, resulting in depopulation and abandonment of housing and the employment base; (2) spiraling suburban sprawl, creating massive infrastructure as well as energy costs; (3) loss of prime agricultural lands; (4) environmental crises and threats to open space, …
The Concurrency Requirement Of The Washington State Growth Management Act, Thomas M. Walsh, Roger A. Pearce
The Concurrency Requirement Of The Washington State Growth Management Act, Thomas M. Walsh, Roger A. Pearce
Seattle University Law Review
When the Washington State Legislature enacted the Growth Management Act (GMA) in 1990, it established a concurrency requirement in the transportation area and authorized local governments to establish concurrency requirements in other areas such as schools, parks, and public services. This Article seeks to inform the debate as to the GMA's requirements for concurrency regulations, the key issues in implementing concurrency regulations, and statutory and constitutional limits on the implementation of regulations. After detailing the GMA's transportation concurrency requirement, the Article will discuss whether the GMA requires concurrency for public facilities other than transportation, will highlight the key issues in …
Planner's Panacea Or Pandora's Box: A Realistic Assessment Of The Role Of Urban Growth Areas In Achieving Growth Management Goals, Keith W. Dearborn, Ann M. Gygi
Planner's Panacea Or Pandora's Box: A Realistic Assessment Of The Role Of Urban Growth Areas In Achieving Growth Management Goals, Keith W. Dearborn, Ann M. Gygi
Seattle University Law Review
Over the past twenty years, Urban Growth Areas (UGAs) have become a tool of choice to manage growth. Numerous states and local jurisdictions have mandated UGAs in hope of confining urbanization, reducing sprawl, protecting open space and resource lands, and minimizing infrastructure investment. Washington State joined the trend in 1990 when it adopted the Growth Management Act (GMA), which requires certain counties to establish UGAs as a central component of its "bottom up" growth management strategy. Nonetheless, thoughtful criticisms have been offered regarding the utility of UGAs to accomplish intended growth management goals, and concerns have emerged regarding unintended consequences …
Is The Growth Management Act Working? A Survey Of Resource Lands And Critical Areas Development Regulations, Gary Pivo
Seattle University Law Review
Section II of this Article begins with a summary of Washington's statutory requirements for both local resource land and critical area development regulations. Section II then reviews the circumstances under which those regulations have been adopted. Section III describes the methods used by the research team to collect and evaluate those regulations. Section IV examines whether Washington counties and cities have met their adoption deadlines. Section V describes the general approaches being taken for meeting those requirements. Section VI compares the regulations to one another in order to judge their consistency and relative restrictiveness throughout Washington. Section VII looks at …
Between Scylla And Charybdis: Growth Management Act Implementation That Avoids Takings And Substantive Due Process Limitations, Jeffrey M. Eustis
Between Scylla And Charybdis: Growth Management Act Implementation That Avoids Takings And Substantive Due Process Limitations, Jeffrey M. Eustis
Seattle University Law Review
This Article begins with an overview of the GMA. It then proceeds with a summary of recent case law under the Takings Clause and substantive due process doctrine. After laying this groundwork, this Article focuses on four particular areas of growth management control and explores how local legislation implementing these areas of control would be analyzed under the Takings Clause and substantive due process. These four areas of land use regulation include: critical area protections, resource land designations, development phasing requirements for concurrency and urban growth areas, and impact fees for public facilities and services. This Article then concludes with …
Chemical Bank V. Washington Public Power Supply System: An Aberration In Washington's Application Of The Ultra Vires Doctrine, Grant Degginger
Chemical Bank V. Washington Public Power Supply System: An Aberration In Washington's Application Of The Ultra Vires Doctrine, Grant Degginger
Seattle University Law Review
The Washington Supreme Court erred in Chemical Bank by misapplying the distinctions between primary and secondary ultra vires that it had articulated in Edwards v. City of Renton and reaffirmed in Noel. In the interest of consistent, fair, and logical results, the court will ultimately need to retreat from the very technical interpretation of primary ultra vires that it applied in Chemical Bank. Otherwise, the court may find itself splitting hairs over the exact scope of enabling legislation when the statutes and subsequent legislative acts manifest approval of the actions taken.
Impacts Of The Pacific Northwest Electric Power Planning And Conservation Act On The Development Of Energy Resources In The Pacific Northwest: An Analysis Of The Resource Acquisition Priority Scheme, Preston Michie
Seattle University Law Review
This article discusses how the Pacific Northwest Electric Power Planning and Conservation Act may affect the region's choice of resources to construct. Potential choices range from conventional resources such as coal and nuclear to renewable resources such as geothermal, biomass, wave, tidal, solar, and wind. In addition, conservation and cogeneration are now viable energy alternatives. This discussion focuses on PNEPPCA's resource acquisition priority scheme and provides an overview of the incentives and disincentives which may influence the resource selection process. Rather than predicting which resources the region's utilities may ultimately construct, this article analyzes the legal barriers proponents of particular …
The Discretionary Function Exception And The Suits In Admiralty Act: A Safe Harbor For Negligence?, Kathryn C. Nielsen
The Discretionary Function Exception And The Suits In Admiralty Act: A Safe Harbor For Negligence?, Kathryn C. Nielsen
Seattle University Law Review
This comment will focus on the different circuits' responses to the issue of whether the SIA should be read in light of the discretionary function exception.
The Pacific Northwest Electric Power Planning And Conservation Act-Solution For A Regional Dilemma, Henry M. Jackson
The Pacific Northwest Electric Power Planning And Conservation Act-Solution For A Regional Dilemma, Henry M. Jackson
Seattle University Law Review
For the past four decades, the Bonneville Power Administration(BPA) has played a singular and powerful role in developing the Northwest regional electric power system, and indirectly in the regional economy that system supports. The federal government's decision during the first half of this century to develop multi-purpose water resource projects led to the construction of many dams, most of them in the Western United States, most built since the mid-1930s, and most including hydroelectric generation. As we enter the 1980s, fundamental changes have occurred. Historically, BPA has had sufficient resources to sell power to any utility or other customer in …
The Pacific Northwest Electric Power Planning And Conservation (And Thermal Power Plant Relief) Act, Ralph Cavanagh
The Pacific Northwest Electric Power Planning And Conservation (And Thermal Power Plant Relief) Act, Ralph Cavanagh
Seattle University Law Review
Supporters of the proposed Pacific Northwest Electric Power Planning and Conservation Act have not produced satisfactory answers to two fundamental questions. First, why does the region require significant new incentives for the construction of nuclear and coal-fired power plants? Second, why must Congress link urgently needed encouragement of conservation and renewable energy measures to the creation of such incentives?