Washington Supreme Court
After a multi-year battle by Northshore to build a new smart growth development on a failing private golf course, an intermediate Washington state court threw out the case on an ambiguous procedural technicality. Specifically, the court threw the case out because Northshore filed its Land Use Petition Act (LUPA) appeal 21 days after it received a written notice of the decision. The court ruled that the 21-day period to appeal started when the city council made its oral determination. On August 26, NAHB filed an amicus in support of state supreme court certiorari requesting the court to recognize that the lower court's decision would create unnecessary confusion in the application of its land use procedures.
On Oct. 2, 2013, the Supreme Court of Washington decided not to hear this case. Thus, NAHB's participation is complete.