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Save a Valuable Env't v. Bothell, City of

Citation: 8 ELR 20379
No. No. 44505, 576 P.2d 401/89 Wash. 2d 862, (Wash., 03/30/1978)

The Washington Supreme Court affirms a trial court's judgment invalidating defendant's rezoning of farm land to permit construction of a major regional shopping center. Adopting the federal standing analysis, the court finds that plaintiff, a non-profit corporation formed by persons who live near the rezoned parcel, has standing to maintain this lawsuit because it has adequately alleged direct and specific harm to its members from the building of a shopping center near their homes. The court rules that where a zoning action may cause serious environmental effects outside the jurisdiction of the zoning body, it is arbitrary and capricious for that body to disregard the welfare of the entire affected community by not considering those effects and attempting to mitigate or avoid them. In granting approval of this variance application, the city failed to fulfill its duty to serve the welfare of the entire region that will be affected by the shopping center. As an additional reason for setting aside the variance the court notes that the appearance of fairness was violated by participation on the city planning commission of two persons closely connected with the city chamber of commerce, which actively supported the measure.

Counsel for Plaintiff-Respondent
David Schnapf
Hubbard & Burns
411 W. Mercer St., Seattle WA 98119
(206) 283-4100

Counsel for Defendant-Appellant
Jerome L. Hillis, Peter L. Buck, Susan R. Agid
Hillis, Phillips, Cairncross, Clark & Martin
403 Columbia St., Seattle WA 98104
(206) 623-1745