Bellewood No. 1, L.L.C. v. LOMA

97 P.3d 747, 124 Wash. App. 45
Court of Appeals of Washington·Decided August 9, 2004·No. No. 52190-0-I·Published·Cited by 5 cases

Opinion

¶1

Kennedy, J.

— The city of Issaquah (City) entered into a preannexation zoning agreement with Lutheran Outdoor [47]*47Ministry Association Center for Renewal (LOMA). LOMA agreed to support the City’s annexation of certain property, including LOMA’s property, located in unincorporated King County, and the City agreed that, upon annexation, LOMA’s property would be rezoned so as to permit LOMA’s continued operation and expansion of its charitable operations. On May 6, 2002, the City adopted the zoning regulations that were to become effective when the properties were annexed, including the zoning regulations previously negotiated with LOMA. On May 22, 2002, an election was held and the electorate approved the annexation and the preannexation zoning. On July 1, 2002, the City passed an ordinance annexing the property effective January 1, 2003.

¶2 On January 21, 2003, the appellants Bellewood No. 1 L.L.C., and Sammamish Woods L.L.C. (hereinafter collectively referred to as Bellewood) filed a complaint seeking declaratory judgment that the rezone of LOMA’s property was invalid. Thereafter, the City filed a motion to dismiss the lawsuit on grounds that it was time barred. The trial court granted the motion, and Bellewood appeals.

¶3 Because the trial court properly concluded that the triggering event commencing the time limitation for bringing the lawsuit was the adoption of the preannexation zoning ordinance on May 6, 2002, we affirm. Accordingly, we do not need to decide whether Bellewood was required to bring the lawsuit within 14 days of the triggering event by analogy to an Issaquah city ordinance governing judicial appeals of most city decisions or within 21 days of the triggering event by analogy to the Land Use Petition Act (LUPA), chapter 36.70 RCW, which does not apply to annexations but which sets the procedure for appeal of most other land use decisions made under state law. In either event, the time for challenging the validity of the pre-annexation zoning expired long before Bellewood commenced the lawsuit.

I

¶[4 Chapter 3 5A. 14 RCW authorizes code cities such as [48]*48the city of Issaquah to annex property and to adopt proposed zoning regulations that will become effective upon such annexation. See generally, RCW 35A.14.010, .100, .330-.340. See also RCW 35A. 14.015 (providing that where the code city has filed a proposed zoning ordinance for the area to be annexed, the resolution initiating the election may also provide for the simultaneous adoption of the proposed zoning regulation upon approval of the annexation by the electorate).

¶5 Bellewood does not challenge the validity of the annexation; rather, it challenges the validity of the process by which the City adopted the preannexation zoning ordinance. Bellewood asserts that the triggering event for the time limitation on its action was the date that the zoning ordinance became effective, January 1, 2003. The City and LOMA argue that the triggering date was May 6, 2002, the date of enactment of the preannexation zoning ordinance. We agree with LOMA and the City.

¶6 In Concerned Organized Women & People Opposed to Offensive Proposals, Inc. v. City of Arlington, 69 Wn. App. 209, 218, 847 P.2d 963 (1993), the court held that the time limit for an appeal of a rezone ordinance ran from the date of adoption of the ordinance, not the later effective date of the ordinance. Thus, the court determined that appellants’ failure to file suit within 30 days from the adoption of the ordinance, as required by analogous statutes, barred their claim. Concerned Women, 69 Wn. App. at 217-18. Similarly, the court in DiGiovanni v. City of Tukwila, 54 Wn. App. 627, 630, 774 P.2d 1244 (1989) held that a council’s “action” for purposes of the 10-day deadline specified in the municipal code for challenging the validity of an action was the enactment of the zoning ordinance, rather than the date of publication or the effective date of the ordinance. Thus, the court barred a challenge that was not brought within 10 days of the enactment of the ordinance.

|7 Bellewood argues that Concerned Women and DiGiovanni do not apply because there the municipalities in question enacted zoning ordinances over property that was [49]*49already located within the relevant boundary. See Concerned Women, 69 Wn. App. at 212 (rezoning by city of property located within city limits); DiGiovanni, 54 Wn. App. at 628 (rezoning by county of property located within unincorporated area of the county). Here, LOMA’s property was not located within the Issaquah city limits until the annexation became effective on January 1, 2003. Thus, Bellewood argues, despite the precedent established by Concerned Women and DiGiovanni, the triggering date for purposes of a timely challenge in this case should be January 1, 2003.

¶8 Concerned Women and DiGiovanni establish the general rule that ordinances are final decisions when they are enacted, regardless of whether they become effective at a later date. Bellewood nevertheless argues that principles of ripeness require a different result with respect to prean-nexation zoning ordinances. We disagree.

¶9 State policy favors expeditious review of land use decisions so that legal uncertainties can be promptly resolved and land development not be unnecessarily delayed by litigation-based delay. See, e.g., City of Federal Way v. King County, 62 Wn. App. 530, 538, 815 P.2d 790 (1991); see also Deschenes v. King County, 83 Wn.2d 714, 717, 521 P.2d 1181 (1974). Application of the principle that the validity of an ordinance becomes “ripe” for review when the ordinance is adopted furthers this policy.

¶10 A justiciable or “ripe” controversy must exist before a court may rule by declaratory judgment. Neighbors & Friends of Viretta Park v. Miller, 87 Wn. App. 361, 382, 940 P.2d 286 (1997) (Viretta Park) (citing Walker v. Munro, 124 Wn.2d 402, 411, 879 P.2d 920 (1994)). A justiciable controversy is (1) an actual, present and existing dispute, or the mature seeds of one, as distinguished from a possible, dormant, hypothetical, speculative, or moot disagreement, (2) between parties having genuine and opposing interests, (3) which involves interests that are direct and substantial rather than potential, theoretical, abstract or academic, and (4) a judicial determination of which will be final and [50]*50conclusive. Viretta Park, 87 Wn. App. at 383 (citing Walker, 124 Wn.2d at 411). Another way of stating the requirement is that “a claim is ripe for judicial determination if the issues raised are primarily legal and do not require further factual development, and the challenged action is final.” Id.

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Bellewood No. 1, L.L.C. v. LOMA, 97 P.3d 747, 124 Wash. App. 45 (Wash. Ct. App. 2004).

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