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State v. City of Spokane Valley

ELR Citation: 42 ELR 20102
Nos. 29675-0-III, (Wash. Ct. App., 05/03/2012)

A Washington appellate court held that the developer of 30 residential waterfront lots must seek a permit under the Shoreline Management Act of 1971 prior to building private docks to accompany the new homes. Because the docks would be designed for the private, noncommercial use of the owners of the homes, the developer claimed that they were exempt from the Shoreline Management Act's permit requirements for such construction projects. But the exemption applies only when the owner, lessee, or contract purchaser requests the exemption in order to undertake construction for its own noncommercial use. Because the docks will not be built for the developer's private use and will instead be sold with the accompanying homes, the exemption does not apply.