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Comp Plan Change Will Move Decision From Council to Court

by on 12/10/2012

Proponents are contending that changing the Comprehensive Plan to include the Harbor Square Master Plan is about giving more choice. They suggest we can include residential and increased heights at Harbor Square in our Comp Plan then negotiate heights with the applicant through a development agreement. However, everything incorporated into the Comp Plan is no longer under the control of the Council (legislative body) because the applicant can challenge restrictions through appeal(s) to the court (judicial body).

Here is an article on the Municipal Research and Services Center of Washington website — The Unassailable Right to Make Any Decision You Want: Avoiding Judicial Intervention in Local Land Use Decision Making

Wonky, but excellent reading to further understand why this is not a decision that Council should make without carefully considering the ramifications.

From → Edmonds

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