Kitsap County would have been out $5,000,000 if a ruling in a class action case had been allowed to stand, requiring the County to refund impact fees plus interest and attorney’s fees.
Pete was retained to appeal the case to the Washington State Supreme Court. He challenged the case on jurisdictional grounds, arguing that the action should have been brought as a Land Use Petition Act (LUPA) case. As such, the case was subject to the LUPA’s statute of limitations, which requires a petitioner to file suit within 21 days of the land use decision at issue. In a 5-4 decision, the supreme court reversed the trial court in favor of Pete’s client.
In addition to saving Kitsap County $5,000,000, this decision is significant for other jurisdictions in that it ensures that cities and counties will have timely notice of impact fee challenges. In effect, this decision also ends the use of class actions in such situations since each potential member of the class will run afoul of the statue of limitations within 21 days. James v. County of Kitsap, 154 Wash. 2d 574, 115 P.3d 286 (2005).
