Are Floodway Restrictions Unduly Oppressive?
Sun-Tides Mobile Home Park is located in the floodway of the Naches River. When a mobile home was completely removed and the lot became available, a building permit was applied for to install a new mobile home. The permit was denied because the previous home was a nonconforming structure. The Park appealed to the Superior Court which reversed the denial as violative of substantive due process. On appeal by Yakima County and the Department of Ecology, the Court of Appeals reversed the Superior Court.