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Issaquah Law Group - Personal Injury Litigation Attorneys

TRUST: Personal injuries are personal. Which is why the attorneys at ILG treat every client and every case differently. Because they are different, and extremely personal. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built on trust. Trust that you will be heard. Trust that you will be protected. Trust that every effort will be made to see justice done in your case. The singular goal of every ILG attorney is to earn and preserve that trust.

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Division II: Gun Club Keeps Non-Conforming Use, but Must Abate Nuisance by Expansion

Kitsap County v. Kitsap Rifle & Revolver Club

This is a land use case, and those of you who follow my blog know how I feel about that. Therefore, I will just leave you with the intro, which should clear up how this goes:

We hold that ( 1) the Club' s commercial use of the property and dramatically increased noise levels since 1993, but not the club' s change in its operating hours, constituted an impermissible expansion of its nonconforming use; ( 2) the Club' s development work unlawfully violated various County land use permitting requirements; ( 3) the excessive noise, unsafe conditions, and unpermitted development work constituted a public nuisance; ( 4) the language in the property' s deed of sale from the County to the Club did not preclude the County from challenging the Club' s expansion of use, permit violations, and nuisance activities; and ( 5) the trial court did not abuse its discretion in entering an injunction restricting the use of certain firearms at the shooting range and limiting the Club' s operating hours to abate the public nuisance. We affirm the trial court on these issues except for the trial court' s ruling that the Club' s change in operating hours constituted an impermissible expansion of its nonconforming use. We reverse on that issue.

However, we reverse the trial court' s ruling that terminating the Club' s nonconforming use status as a shooting range is a proper remedy for the Club' s conduct. Instead, we hold that the appropriate remedy involves specifically addressing the impermissible expansion of the Club' s nonconforming use and unpermitted development activities while allowing the Club to operate as a shooting range. Accordingly, we vacate the injunction precluding the Club' s use of the property as a shooting range and remand for the trial court to fashion an appropriate remedy for the Club' s unlawful expansion of its nonconforming use and for the permitting violations.

Also, land use attorneys are nerds!

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