No. 21-766

Douglass Properties II, LLC v. City of Olympia, Washington

Lower Court: Washington
Docketed: 2021-11-23
Status: Denied
Type: Paid
Tags: constitutional-scrutiny due-process government-discretion impact-fees koontz-v-st-johns land-use land-use-permit nollan-dolan-doctrine nollan-v-california-coastal-commission property-rights takings
Key Terms:
Takings DueProcess
Latest Conference: 2022-01-21
Question Presented (from Petition)

Whether, after Koontz, the Nollan/Dolan doctrine applies generally to impact fees, i.e., whether after Koontz there is any distinction between "adjudicative" and "legislative" fees when a government agency demands money or property as a condition of issuing a land use permit and the fee is not a uniform permitting fee but is based on the specific nature and impacts of the project.

A potentially narrower question presented in this case is:

Whether development impact fee statutes such as Washington's (RCW 82.02.050 et seq.), which afford substantial discretion to local officials to determine the amount of the impact fee required for a particular permit, are subject to Nollan/Dolan scrutiny under Koontz.

Question Presented (AI Summary)

Whether the Nollan/Dolan doctrine applies to impact fees

Docket Entries

2022-01-24
Petition DENIED.
2022-01-05
DISTRIBUTED for Conference of 1/21/2022.
2021-12-21
Brief of respondent City of Olympia, Washington in opposition filed.
2021-11-19
Petition for a writ of certiorari filed. (Response due December 23, 2021)

Attorneys

City of Olympia, Washington
Jeffrey S. MyersLaw Lyman Daniel et al., Respondent
Douglass Properties II, LLC
Michael John MurphyGroff Murphy, PLLC, Petitioner