Construction Law

Plat

Washington Supreme Court Permits $1.5M Damages Claim to Proceed against Engineering Firm under “Independent Duty Doctrine”

In a recent decision decided on a narrow 5-to-4 vote, the Washington Supreme Court declined to bar a couple’s negligence claims against an engineering firm based on a contractual limitation of liability, permitting the couple to continue pursuing their damages claims in King County Superior Court. The parties to the case, Donatelli v. D.R. Strong Consulting Engineers, Inc., entered into a contract for Strong to assist with a short plat approval ... Continue Reading

PPPs: An Opportunity to Jump-Start Infrastructure Projects in a Down Economy

PPPs: An Opportunity to Jump-Start Infrastructure Projects in a Down Economy

Williams v. Athletic Field Oral Argument

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Land Use

The Supreme Court Confirms Right to Challenge Jurisdictional Determinations

Can a landowner challenge a US Army Corps of Engineers determination that a property contains jurisdictional wetlands? In a unanimous opinion, the Supreme Court answered this question in the affirmative May 31, 2016 in USACE v Hawkes Co. Under Section 404 of the Clean Water Act, the Corps regulates filling in of “waters of the United States,” including wetlands. To determine the presence of wetlands on a property, i.e., if a ... Continue Reading

Court of Appeals Denies Vesting for Shoreline Permits

Washington Supreme Court Permits $1.5M Damages Claim to Proceed against Engineering Firm under “Independent Duty Doctrine”

Portland Metro Urban and Rural Reserve Decision Reversed by the Oregon Court of Appeals: Seven Years and Counting

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Environmental

AK

ANWR News: The Fine Print of President Obama’s Executive Action to Create Over 12 Million Acres of Wilderness

The United States Fish and Wildlife Service (FWS) is administratively implementing President Obama’s recommendation that certain lands in the Arctic National Wildlife Refuge (ANWR) in Alaska be designated as wilderness.  FWS is finalizing a management plan for ANWR that will treat more than 12 million acres of the area as wilderness for the next 15 years – the plan’s duration. FWS must manage wildlife refuges under its jurisdiction in Alaska by using what ... Continue Reading

Court of Appeals Denies Vesting for Shoreline Permits

Washington Supreme Court Rejects Legal Nonconforming Use Claim for King County Recycling Facility

In Alaska, Oil and Gas Leases Convey Property Rights; Permits Do Not

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Real Estate

Food and the City: Making Density Palatable

Moderated by DWT partner Jim Greenfield, the third installment of DWT and Forterra’s Creating a Great Global Region series was an interesting and engaging evening focused on how social equity, community building and conversation of farmland intersect around food. The event consisted of a panel discussion of prominent members of the local agriculture and hospitality industries, followed by a group workshop, and ended with a networking reception. Creating great communities and ... Continue Reading

Is Your Tenant a Criminal?

Major Appeals Court Decision Leaves Oregon’s Residential Real Estate Market in Limbo

How to Prevent an Email Exchange from Inadvertently Becoming a Binding Contract

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