On September 12, 2024, the Supreme Court affirmed the Court of Appeals’ decision in City of Sammamish v. Titcomb, holding the City had authority to condemn a creek for the dual purposes of eliminating barriers to fish passage and replacing drainage infrastructure. The Court clarified that the benefits of a fish passage project does not divest the City of its authority to condemn the creek for stormwater management purposes. Click here for to read the Supreme Court's Opinion: 1018941.pdf (wa.gov)
The Court also clarified that the case of Cowlitz County v. Martin, 142 Wn. App. 860, 177 P.3d 102 (2008), should be read narrowly, holding “to the extent that Cowlitz County suggests that including a fish passage purpose along with other legitimate purposes taints the exercise of legitimate condemnation authority, we disavow that reading.” However, a four-justice concurrence, authored by Justice Montoya-Lewis, would have overruled Cowlitz, concluding that fish passage is a stand-alone “public use” within the meaning of RCW 8.12.030. Because the majority did not reach the issue, the 14 page concurrence leaves the door open for future litigation.
This decision allows the City to move forward with its George Davis Creek Project which will improve stormwater drainage capacity and conveyance in an area adjacent to the East Lake Sammamish Parkway. The Project further confers the additional public benefit of removing barriers to fish passage for Kokanee salmon as they migrate from Lake Sammamish to their upstream spawning grounds in George Davis Creek.
