Abutting Lot Decision: What Would an 82.02.020 Challenge to MIZ Look Like?
I’m not a judge and I don’t even play one on tee vee, but if I was a Judge asked to deliver a summary judgement on the legality of the City’s Mandatory Inclusionary Zoning (MIZ) program, what they call Mandatory Housing Affordability (MHA), what would I find and how would I rule? What kind of […]
Abutting Lot Decision: What Could it Mean for MIZ?
In yesterday’s post I gave a simple explanation of what I think, as a lay person, Judge Barbara Mack’s Decision meant. Today I’m going to speculate about how a challenge of Mandatory Inclusionary Zoning (MIZ) based on RCW 82.02.020, the plain language of which formed the basis of Judge Mack’s decision, might play out. There are […]
Abutting Lot Decision: What Does it Mean?
The basis of Judge Barbara Mack’s decision overturning the City’s abutting lot ordinance was Washington State law. She wrote: This decision is based on the plain words of the statute, and the following applicable cases: Citizens’ Alliance for Property Rights v. Sims, 145 Wn.App 649 (2008) (holding that the clearing limitations of a county ordinance were not reasonably necessary […]
