News Articles
Land Use Update – WA State Court of Appeals
Posted on Jan 20th, 2012
After two Benton County judges overruled the city’s decision in calling a land use minor and ruling the building permits of the developer (Wolff Co) were invalid, the construction of a 176-unit apartment complex south of Applewood was halted.
The court date was held on December 8, 2011 and our attorney Joel Comfort and a handful of homeowners attended. We feel that the hearing went well and don’t expect a ruling for at least 60 to 90 days. If the HOAs prevail again, we should expect The Wolff Company to appeal to the Supreme Court however, it is not a matter of right to appeal; the Supreme Court has to accept it first.
Applewood and Brantingham Greens HOAs had to take the City and Wolff Co to court for our right to have a voice in the decision of the land use change and we continue that quest. The city and Wolff Co appealed the local courts decision and we again prevailed. The Wolff Co then appealed to the Washington State Court of Appeals in Spokane, WA.
We continue to be diligent in making sure the city and the developer follow the proper codes and process for our voice to be heard at a Planning Commission hearing.