Skip to content
DWT logo
People Expertise Insights
About Locations Careers
Search
People
Expertise
Insights
About
Locations
Careers
Search
Blog Posts

New Parks Impact Fee Not Offset by Prior Land Dedication

05.27.09
Share
Print this page
In a recent impact fees case, Belleau Woods v. City of Bellingham, the Division I Court of Appeals upheld the City of Bellingham’s application of a new park impact fee ordinance to a development that was already conditioned on a land dedication and payment under a separate parks-related development requirement. The Court reaffirmed its prior holdings that new impact fees can be applied to some developments that have already been approved, and that the doctrine of vesting did not protect the developer from the newly-created park impact fee. Based on its extensive analysis of the provisions of a development agreement and the municipal code, the court reversed the Superior Court on the impact fees issue. The Court reinstated the City Hearing Examiner’s decision that the City could apply the new impact fee and the prior park-related mitigation measures concurrently to the development. The Belleau Woods case highlights the importance of assessing all local code provisions that might require or authorize mitigation, even where separate code provisions seem to target similar development impacts.

Related Articles

DWT logo
©1996-2022 Davis Wright Tremaine LLP. ALL RIGHTS RESERVED. Attorney Advertising. Prior results do not guarantee a similar outcome.
NAVIGATE
Home People Expertise Insights
About Locations Careers Events Blogs
STAY CONNECTED

Subscribe to stay informed.

Subscribe
Employees
DWT Collaborate
EEO
Affiliations
Legal notices
Privacy policy
©1996-2022 Davis Wright Tremaine LLP. ALL RIGHTS RESERVED. Attorney Advertising. Prior results do not guarantee a similar outcome.
Close
Close

CAUTION - Before you proceed, please note: By clicking “accept” you agree that our review of the information contained in your e-mail and any attachments will not create an attorney-client relationship, and will not prevent any lawyer in our firm from representing a party in any matter where that information is relevant, even if you submitted the information in good faith to retain us.