[Capr-announce] CAPR News December 2007

[Jeff Wright]

CAPR NEWS

THE MONTHLY NEWSLETTER FROM CITIZENS’ ALLIANCE FOR PROPERTY RIGHTS
December, 2007


Oral Arguments in Clearing and Grading Ordinance Challenge Set for January

The Court of Appeals has set the date of January 23, 2008 to hear oral
arguments in the Citizens’ Alliance for Property Rights, et al. v. Ron Sims
case.  This case involves the facial challenge to the infamous 65% / 35%
land clearing limits specified in the King Co. Clearing and Grading
Ordinance which went into effect January 1, 2005.  Arguments will be heard
at the University of Washington Law School, William H. Gates Hall, at 9:30
AM with the proceedings open to the public.

Pacific Legal Foundation (PLF) filed the challenge on behalf of several
rural King Co. landowners and CAPR in January of 2005, shortly after the
County passed extreme new land use rules.  In early 2006, the case was
dismissed in Snohomish Co. Superior Court where it was initially tried.
Attorney Brian Hodges of PLF then successfully filed for an appeal of the
case under the premise that an incomplete ruling was handed down by the
Superior Court.

Hodges and PLF have invested a lot effort into the case.  Brian notes that
the proceedings are being held in a public venue due to the public policy
impacts of the case.  While we look forward to Brian’s presentation, it may
be more interesting to see if King Co. actually steps into the arena with
PLF and debates the real question this time.   PLF’s contention being that
the 65% ‘no clearing’ rule amounts to an unfair tax on rural property
owners.  The “save the environment” snow job the County was able to pull off
previously may not fly as well in the Appeals Court.

All those interested are invited to attend.  William H. Gates Hall is on the
north side of the campus near the intersection of NE 45th St. and 15th Ave.
NE and easy to find.  See a campus map here
<http://www.washington.edu/home/maps/northcentral.html> .

CAPR Banquet Set for February 7th

CAPR has set Thursday, February 7, 2008 as the date for what is planned to
be an annual banquet in support of the organization.  The event will be held
at Emerald Downs <http://www.emdowns.com/default.asp?cat=8&id=107>
racetrack located off Hwy. 167 in Auburn.  In addition to an excellent
dinner with two choices of entrees, the evening will feature a presentation
on the history of CAPR and a keynote speech by Washington Attorney General
Rob McKenna.

With 2008 being a major election year, CAPR will be working hard to promote
our property rights.  And with your support, we can do just that.  Plan to
invest in the future while you have a good meal in the company of great
people!

If you receive this newsletter directly, you will receive a stand-alone
announcement with details in early January.  Or, if you have received this
through a forward, contact jeff at proprights.org <mailto:jeff at proprights.org>
and I’ll be sure you get all the details.  And I hope you’ll sit at my
table.  Let’s make it a big table!


Council Approves D.D.E.S Code Enforcement Audit

The King Co. Council has approved a performance audit of the Code
Enforcement section of the Dep’t. of Development and Environmental Services
(DDES).  The Council and the Auditor are working out the final plan.  CAPR
will provide input.

In related news, the Council has passed a new ordinance requiring DDES staff
to notify owners before their properties are searched, except in
emergencies.  This is good news regardless of the fact that this protection
is in the Constitution(!)  Of course, we’ll have to see how the “public
rules” may be written to define “emergency”.  DDES is skilled at making
end-runs around the intent of laws.  Another section of the ordinance
requires code-enforcement officers to cite a specific code section or text
when writing citations.  This portion may end up being more important to
citizens than the notification requirement.

Council members Reagan Dunn, Kathy Lambert and Dow Constantine sponsored the
law.  Credit should also be given to King Co. Rural Ombudsman David Spohr.



Retraction Needed?

Maybe.  In the last edition of this newsletter we reported on the successful
conclusion of one of the CAPR Advocate’s cases, but the old adage “don’t
count your chickens before they’re hatched” applies.

It appeared at the time that a deal had been struck with King Co. to allow
the elderly Mrs. Francis Mullen to legally establish a new house trailer on
her property after her previous trailer had burned.  The deal hinged on
removing plumbing fixtures from a garage (not another trailer) where her son
had stayed.  The fixtures were removed, but the County has come back saying
that further destructive actions are needed.  We’ll see how it goes but,
unfortunately, Mrs. Mullen gets a lump of coal in her stocking this
Christmas.


Odds and Ends

Matching Contributions
If you work for a company, which adds matching funds to charitable
contributions, remember the CAPR Legal Fund.  All donations to the Legal
Fund are tax deductible and the additional contribution by your employer
makes leverages your contribution towards protecting your property rights.




CAPR Meeting Schedule

The next meeting of the King Co. chapter of CAPR will be held at 7:00 PM,
Thursday, January 3rd.  The meeting site is the IHOP restaurant located at
1433 NW Sammamish Rd. in Issaquah.  Consider coming early for dinner and
conversation.


HAPPY HOLIDAYS TO YOU AND YOURS!



Jeff Wright
Secretary, CAPR
E-mail:        jeff at proprights.org <mailto:jeff at proprights.org>


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