Bassani v. Board of County Commissioners

853 P.2d 945, 70 Wash. App. 389, 1993 Wash. App. LEXIS 273
CourtCourt of Appeals of Washington
DecidedJune 24, 1993
DocketNo. 11886-0-III
StatusPublished
Cited by5 cases

This text of 853 P.2d 945 (Bassani v. Board of County Commissioners) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bassani v. Board of County Commissioners, 853 P.2d 945, 70 Wash. App. 389, 1993 Wash. App. LEXIS 273 (Wash. Ct. App. 1993).

Opinion

Shields, C.J.

Alan and Mary Jo Bassani appeal a superior court order which affirmed the Yakima County Board of County Commissioners' (Board) approval of an application to rezone 32 acres of land from general rural (GR) to light industrial (LI). The Bassanis contend there was insufficient evidence of changed circumstances to support a rezone, and it was an illegal spot zone. We affirm.

The property at issue, 32 acres owned by Norman and Mary Richardson, lies on the south side of Gun Club Road in the East Valley area of Yakima County. Gun Club Road is the southern border of the Yakima City Urban Area; lands to the north are within the urban area, lands to the south are not. The Richardsons own a trucking business, Easley Hauling Service, Inc., which currently uses the west 14 acres of the site to park and service truck trailers. The east 18 acres [391]*391are nonirrigated pasture with no improvements. The rezone changes Easley's use of the west 14 acres from a legal nonconforming use in a GR zone to a conforming use in an LI zone. The rezone also permits Easley to expand its now conforming use onto the adjacent 18 acres lying to the east.

The relevant history of the land begins in 1969 when the Richardsons bought the west 14 acres of the site. At first, Easley used approximately 6.4 acres of this plot. Easley originally employed 10 people. At the time, Yakima County did not have a comprehensive zoning ordinance.

In 1974, Yakima County adopted its first comprehensive zoning ordinance and zoned the 14-acre plot as "agricultural". Easley's use thus became a legal nonconforming use of the land.

In 1982, zoning amendments implemented the Yakima County Rural Land Use Plan and legislatively rezoned the plot to GR. Easley's use of the land continued as a legal nonconforming use.

In 1984, the county zoning adjuster authorized Easley to expand its use of the land by enlarging a shop and office building on the 6.4 acres it had been using. Mr. Bassani appealed this ruling, but withdrew his appeal pursuant to a settlement agreement in exchange for Easley's promise not to úse one of the two major routes onto its property.

In 1985, the Yakima County Board of Adjustment authorized an expansion of the nonconforming use onto the balance of the 14-acre plot.

In 1987, the Richardsons bought the remaining 18 acres of the site, a plot which adjoined the 14-acre plot on the east. Then, they applied to have both plots rezoned to LI. By 1987, Easley had 65 employees on site, 50 trucks and 75 trailers based there, and was operating 24 hours a day, 7 days a week, averaging 125 truck trips to and from the site daily. The Yakima County Planning Commission held one hearing on the application in 1987. Then the Richardsons requested an indefinite continuance while they applied to extend the Yakima City Urban Area boundary to include their property.

[392]*392In 1988, the regional planning commission considered seven scenarios for extending the urban area boundary. In the end, it decided not to extend the urban area boundary.

In 1990, the Richardsons renewed their rezone application. The Yakima County Planning Commission held a public hearing on the application on March 28, 1990. The planning commission recommended approval of the rezone, subject to road improvements and dedication of a right of way, and made written findings of fact and conclusions. The planning commission found changed circumstances had occurred, due to light industrial and economic growth in the area.

On May 15, 1990, the Board held a public hearing to consider the planning commission's recommendation. The Board heard testimony, accepted evidence, and considered the record before the planning commission. It adopted the planning commission's recommendation without change. Thus, the Board rezoned the property from GR to LI.

The Bassanis sought judicial review pursuant to a writ of certiorari. The Superior Court reviewed the administrative record and sustained the rezone. The Bassanis now appeal.

The Bassanis first contend the planning commission's finding of changed circumstances was not supported by substantial evidence. Asserting that Washington law is silent on the level of change deemed substantial, they invite this court to follow other states' laws in requiring "strong" evidence of change and in disregarding changes occurring on the subject property itself. Their invitation overlooks the well-settled law of this state.

Review of a rezone decision on writ of certiorari is governed by RCW 7.16.120, which provides:

The questions involving the merits to be determined by the court upon the hearing are:
(4) Whether there was any competent proof of all the facts necessary to be proved, in order to authorize the making of the determination.
[393]*393(5) Whether the factual determinations were supported by substantial evidence.

Parkridge v. Seattle, 89 Wn.2d 454, 459, 573 P.2d 359 (1978). In reviewing an order on writ of certiorari, the appellate court reviews the administrative record and does not rely on the superior court's findings or conclusions. Balser Invs., Inc. v. Snohomish Cy., 59 Wn. App. 29, 36, 795 P.2d 753 (1990).

Generally, a local legislative body's decision to rezone specific tracts of land under a zoning code is an adjudicatory, quasi-judicial act. Barrie v. Kitsap Cy., 93 Wn.2d 843, 852, 613 P.2d 1148 (1980); Woodcrest Invs. Corp. v. Skagit Cy., 39 Wn. App. 622, 694 P.2d 705 (1985). As such, a rezone decision does not enjoy a presumption of validity. Parkridge, at 462; Woodcrest, at 627. However, the rezone decision is granted some deference on review. Save a Neighborhood Env't v. Seattle, 101 Wn.2d 280, 285, 676 P.2d 1006 (1984) (SANE); Woodcrest, at 627. It is the appealing party's burden to show that the rezone was erroneous. England v. King Cy., 67 Wn. App. 701, 705, 839 P.2d 339 (1992).

Because of this limited deference, a rezone decision will only be overturned if it is arbitrary, capricious, or contrary to law. Mall, Inc. v. Seattle, 108 Wn.2d 369, 374, 739 P.2d 668 (1987); Balser, at 36. See Murden Cove Preserv. Ass'n v. Kitsap Cy., 41 Wn. App. 515, 519, 704 P.2d 1242 (1985). A decision is arbitrary and capricious if it is

willful and unreasonable action, without consideration and [in] disregard of facts or circumstances.

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Bluebook (online)
853 P.2d 945, 70 Wash. App. 389, 1993 Wash. App. LEXIS 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bassani-v-board-of-county-commissioners-washctapp-1993.