In a case of first impression in Washington State, Division I of the Washington Court of Appeals ruled on January 31, 2011 in Ruvalcaba v. Kwang Ho Baek, Division One, No. 63572-2-1, that landowners may condemn a private way of necessity under RCW 8.24.010 after voluntarily landlocking their property. In that case, the Ruvalcabas had divided their land in 1971 and sold the eastern parcel which bordered a public street 42nd Avenue NE, thus landlocking the remaining parcel. The Ruvalcabas then brought an action to condemn a private way of necessity against other neighbors to the north to gain access to NE 135th Street.
In Third Church of Christ v. The City of New York, (2010 WL 486976, 2nd Cir. 12/1/2010), the Second Circuit Court of Appeals, considered an equal terms challenge to the City’s decision prohibiting the use of a Church facility for private, catered events. In exchange for paying for capital building improvements and ongoing Church operating expenses, a catering company received the right to hold private functions in the church building. The neighbors complained and the City revoked a previously granted permit finding that the catering use was not accessory to the religious activities.
Clark County, joined by the City of Vancouver, nearby property owners and the operators of the existing La Center cardrooms, have appealed a Bureau of Indian Affairs (BIA) approval to establish a sovereign reservation on 152 acres about six miles south of Woodland for the Cowlitz Tribe.
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