By Shannon Affholter, The Everett Herald

Despite numerous legislative efforts to find a permanent and balanced solution to address the Washington state Supreme Court's Hirst decision, lawmakers in Olympia remain deadlocked on the issue. Unfortunately, the legislature adjourned on Thursday without reaching an agreement.

The 2016 Hirst decision has effectively halted many people from building their homes in areas that depend on well water. The ruling has created a great deal of uncertainty for counties, rural communities, builders, and families across the state. As legislators leave town, the hardship on affected property owners will continue without being resolved.

The MBA and the homebuilding industry in the city of Seattle won a decisive victory recently. In the matter of Bendare Dundat v. City of Seattle (Master Builders Intervenor), Judge Barbara Mack issued a decision overturning the City's 'qualifying lot' design review ordinance for being in violation of RCW 82.02.020.

The Court determined that the ordinance imposes direct and indirect costs on projects and developers that are neither reasonably necessary nor the direct result of the proposed development. As the Court stated, "It is hard to fathom how costs and fees could be reasonable and necessary for the smaller project, but not for the first, more impactful project on the adjacent property." Finally, the Court found the city admitted that the ordinance was designed to mitigate collective impacts, not the impact of any individual project—this is the very thing that violates RCW 82.02.020.

The MBA is very happy to have been able to provide financial support to pursuing this matter in court, and the outcome is a collective benefit to developers and builders in Seattle. The MBA will continue to identify ways in which it can work to improve housing affordability within Seattle.

Amy King of Square Peg Construction shares the story of how she founded Weld Seattle and how fellow developers can help their mission while also benefiting themselves. Weld is a nonprofit that provides transitional housing and pathways to employment for those in recovery and re-entry into society.  

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