The Washington Supreme Court on July 20 unanimously rejected the University of Washington’s claim of immunity from local development regulations meant to protect local communities and the environment.
Fearing the City’s Landmarks Preservation Ordinance (LPO) would stop its plans to demolish its old Nuclear Reactor Building and expand its Computer Science and Engineering facilities, UW sued the City of Seattle to establish that UW was immune from the LPO. UW claimed it had statutory authority granting it full control of its property to the exclusion of local development regulations. Because that authority is common to all state universities, UW’s argument, if accepted by the Court, would have meant schools from Pullman to Bellingham could decide which local zoning, critical areas protections, historic preservation laws, and similar laws to follow or reject.
After securing a victory on a narrow issue from King County Superior Court last year, UW tore down the Nuclear Reactor Building while the City and local historic preservation groups pressed an appeal to resolve the larger issues.
The Supreme Court decision reverses the Superior Court and rejects UW’s arguments. The Court agreed with the City that UW is subject to local development regulations adopted pursuant to the Growth Management Act, provided they do not preclude the siting of a state education facility.
“We are grateful the Court applied the clear language of the law,” said Roger Wynne, the Assistant City Attorney who argued the case. “The City looks forward to continuing to work cooperatively with the University, especially on its new Campus Master Plan, now that we all have a clearer understanding of the ground rules.”
“This is a victory for the rule of law and local communities across Washington,” added City Attorney Pete Holmes. “Our Office fights when called on to defend the law as written. Now we turn to our other strength: working with members of our community, including UW, to craft workable solutions within the bounds of the law.”