Professional
Highlights
• Lead
litigation counsel for the Quadrant Corporation in a series of lawsuits
and administrative appeals challenging the Redmond Ridge Master Planned
Community. This included lawsuits in state trial courts in three different
counties, in federal district court, and in the federal and state appellate
courts including the Washington Supreme Court.
• Representation
of the Weyerhaeuser Real Estate Company in litigation challenging the
approvals granted to the Intel Corporation for development of a major
research and development campus at Northwest Landing, a master planned
community in Pierce County. This project included cases in both state
and federal trial courts and before the Ninth Circuit.
• Representation
of the Archdiocese of Seattle in connection with land use issues relating
to the religious use of its current properties and planning for future
development, including the adoption of county comprehensive plan policies
governing development of churches and schools in rural areas of the county.
• Representation
of the developers of the Pickering Center in Issaquah. This project entailed
the development and approval of a new comprehensive plan and zoning by
the City of Issaquah allowing the development of a proposed business park
and the approval of that project. Litigation challenging the city's decisions
and involving the property owners and the operator of the Issaquah Skyport
included more than a dozen lawsuits and a challenge before the Shorelines
Hearings Board. This litigation extended over eight years. After successfully
defending all aspects of the project, new approvals were obtained allowing
the development of a retail center.
• Representation
of the owners and operators of several gravel mining sites in completion
of local permitting and in litigation over permits and approvals authorizing
mining operations.
•
Representation of telecommunication service providers in obtaining entitlements
for the siting and development of critical facilities and in administrative
hearings and judicial review related to the entitlement process.
• Land
use counsel to a wide range of commercial, multi-family, and single-family
developers and to religious institutions with respect to individual projects
throughout the Puget Sound region.
• Assistant
States Attorney, Cook County, Illinois, 1976-1977.
• Recognized
in years 2002, 2003, 2005, 2006 and 2007 as one of the "Super Lawyers"
in Washington by Washington Law & Politics, a local legal and
professional publication.
• Admitted
to practice before the Illinois Supreme Court, the Washington State Supreme
Court, the United States Court for the Western District of Washington,
and the Ninth Circuit Court of Appeals.
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Professional
and Community Activities
Washington State Bar Association; Environmental Land Use Law Section.
King County Bar Association.
National Association of Office and Industrial Parks; Washington State
Chapter; Member, Board of Directors (1996-2000).
Reported
Decisions
West v Sec'y of Dept. of Transp., 206 F.3d 920 (9th Cir. 2000).
HTK Management, LLC v Seattle Popular Monorail Authority, 155
Wn.2d 613; 121 P.3d 1166 (2005).
The Quadrant Corporation v Central Puget Sound Growth Management Hearings
Board, 154 Wn.2d 224; 110 P.3d 1132 (May 2005).
HJS Development, Inc. v Pierce County, 148 Wn.2d 451; 61 P.3d
114 (2003).
King County v Central Puget Sound Growth Management Hearings Board,
138 Wn.2d 161; 979 P.2d 374 (1999).
In Re Johnson, 109 Wn.2d 493; 745 P.2d 864 (1987).
Emrich v Connell, 105 Wn.2d 551; 716 P.2d 863 (1986).
Olympic View-Mukilteo Action Group v City of Mukilteo, 97 Wn.2d
707; 649 P.2d 116 (1982).
Quadrant v Central Puget Sound Growth Management Hearings Board,
119 Wn.App. 562; 81 P.3d 918 (2003), rev'd in part 154 Wn.2d 224; 110
P.3d 1132 (2005).
Grandmaster Sheng-Yen Lu v King County, 110 Wn.App. 92; 38 P.3d
104 (2002).
Faben Point Neighbors v City of Mercer Island; 102 Wn.App. 775;
11 P.3d 322 (2000).
Scott v City of Seattle, 103 Wn.App. 1059 (2000).
Schneider Homes v City of Kent, 87 Wn.App. 774; 942 P.2d 1096
(1997).
Kates v Seattle, 44 Wn.App. 754; 723 P.2d 493 (1986).
Emrich v Conell, 41 Wn.App. 612; 705 P.2d 288 (1985), rev'd 105
Wn.2d 551; 716 P.2d 863 (1986).
Selected
Publications and Presentations
Speaker, "Land Use Petition Act Appeals: Current Issues, Practice
Tips and Settlement Strategies," at the Land Use in Washington conference
sponsored by Law
Seminars International, Seattle, Washington, April 21-22, 2008.
Speaker, "Land Use Petition Act -- What Is the Scope of Available
Relief?," at the Land Use in Washington conference sponsored by Law
Seminars International, Seattle, Washington, April 16-17, 2008.
Speaker, "The Video Only Decision -- Property Owner's Perspective,"
at the Government Takings Conference sponsored by Law
Seminars International, Seattle, Washington, December 1-2, 2005.
Speaker, "History and Issues Presented by Quadrant v Central
Puget Sound Growth Management Hearings Board," Environmental
and Land Use Mid-Year Meeting, Rosario, Washington, May 13-15, 2004.
Speaker, "Final
Shoreline Guidelines, Updates to Critical Areas Ordinances; and other
major current issues in Washington Land Use Law," Law Seminars
International, April 15 and 16, 2004.
Speaker, "The Endangered Species Act: The Practical Perspective,"
Hillis Clark Martin & Peterson, P.S., June 1, 2000.
Author, "Simply Regulating Development is a Fishy Way to Save Salmon,"
Seattle Daily Journal of Commerce, February 24, 2000.
Speaker, "Practice Under the Land Use Petition Act," Conference
on "Local Implementation of Regulatory Reform," Law Seminars
International, February, 1999.
Speaker, "Recent Land Use Decisions," Washington Association
of Prosecuting Attorneys, 1998.
Co-Author, "PUDs, Binding Site Plans, and Cluster Zoning,"
chapter 90, Real Property Deskbook, Third Edition, Washington State
Bar Association , 1997.
Speaker, "Dealing with Washington's Growth Management Act,"
Professional Educational Systems, Inc., 1994.
Co-author, "State Environmental Policy Act," chapter in Real
Property Deskbook, Second Edition, Washington State Bar Association (1989
rev.).
Co-author, Book Review, Keep-Out: The Struggle for Land Use Control
by S. Plotkin, Ecology Law Quarterly, Vol. 15, No. 2 (1988).
Speaker, "The First Amendment and Zoning: Sex, Signs, and the Single-Family
Zone," American Planning Association National Convention, 1984.
Education
University of Michigan Law School, J.D., cum laude, 1976.
University of Notre Dame, A.B., magna cum laude, 1971.
Outside
Interests
Taking to heart Alexander Pope's injunction that "The proper study
of mankind is man," I spend my time outside the office trying to
figure it all out. When this proves too taxing, I attend or watch the
occasional college football game (no more than eight hours on Saturdays
from September through November), improve my house (with all appropriate
permits, of course), or cook dinner for family and friends.
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