RhodAZalea v Snohomish County :: 136 Wn2d 1
Category: Land Use and Property Rights
This company has been in the peat mining business before 1961. Since that time, however, Snohomish County has adopted zoning ordinances and other regulations and standards. Rhod-A-Zalea is a legitimate “nonconforming use” because they existed prior to the regulations.
Due to a complaint from a neighbor, the County Hearing Examiner decided that, although it was established as a nonconforming use, the operation was subject to provisions of the county’s building code requiring it to get a grading permit. The Superior Court judge rejected that argument, “ruling that the plaintiff’s vested right to continue its peat mining operations as a nonconforming use included the right to grade, excavate and fill the property.” [at 2]. The Appeals Court upheld this judgment.
The Supreme Court reversed the two lower courts on the basis that the County has a legitimate right to exercise police powers for the regulation of health and safety issues. Because the nature of their mining operation is excavating, grading and filling, to subject this company to grading permits will, in fact, grant the County complete authority over every aspect of this operation. What the County cannot accomplish through zoning, they will accomplish through permits. We reject this notion.
Justice Sanders also disagrees and further points out that the Uniform Building Code, which the County claims as their authority, specifically exempts mining operations. Furthermore, precedent directs the court to recognize that “a valid nonconforming use carries with it the right to the exercise of those accessory uses which are considered customary and incidental to the principle use.” [at 22, cites omitted].
Rating the Usual Suspects:
| pass | Boger, Brent | |
| pass | Cattle, Bradford | |
| pass | Dolliver, James | |
| pass | Groen, John M | |
| pass | Grosse, C Kenneth | |
| pass | Kennedy, Faye | |
| pass | Rivett, Robin | |
| pass | Sanders, Richard | |
| pass | Webster, Walter | |
| pass | Wynne, Thomas | |
| fail | Alexander, Gerry | |
| fail | Durham, Barbara | |
| fail | Guy, Richard | |
| fail | Johnson, Charles | |
| fail | Krider, James | |
| fail | Madsen, Barbara | |
| fail | Maleng, Norman | |
| fail | Newell, Cassandra | |
| fail | Smith, Charles | |
| fail | Talmadge, Phil | |
| fail | Weibel, Carol |