Second LUPA Challenge by Same Developer Also Knocked Out by Kenyon Disend.

D4D Real Estate Development, LLC v City of North Bend (“D4D II”). In the second LUPA case brought against North Bend by a persistent developer,* the developer relied on testimony from Prof. Richard Settle and his well-regarded land use treatise to argue for vested rights in the face of a City moratorium. The trial court agreed with our arguments, rejected Prof. Settle’s position, and dismissed the petition.

*The developer suing the City in this case was represented by a large downtown Seattle law firm that at times also represents cities. At Kenyon Disend, we’re Clear Thinkers. Don’t be an Interloper.