Are Floodway Restrictions Unduly Oppressive?

Nope, not according to Division 3 of the Washington Court of Appeals. In a decision issued today the court reviews the current law of nonconforming structures and substantive due process in Washington.

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.