ELR Citation: ELR 20867
No(s). 42470 (Wash. Jul 19, 1973)

A conditional building permit issued in 1969 by Seattle for the construction of a shoreside condominium is ruled invalid, and renewals of the permit in 1970 and 1971 combined with changes in its conditional status did not remedy the permit's nullity. Assuming the third renewal on Oct. 19, 1973, was valid, however, the court rules that the city failed to file an EIS as required by the Washington State Environmental Policy Act (SEPA) of Aug. 9, 1973, since the renewal was a discretionary act which constituted a major state action significantly affecting the environment. At the time of this action, the condominium project had not proceeded beyond the stage of pile-driving, and thus was still open to alteration. The state Shoreline Management Act of 1971 does not apply to the project since construction in the form of driving piles began prior to the effective date of the Act. A dissent argues that the state should be equitably estopped from denying the validity of the building permit, and that in any case a valid permit did issue when the original permit was renewed in 1970 and its conditional status changed. In addition, the dissent contends that the third renewal of the permit in 1971 was non-discretionary and therefore not a major state action within the meaning of SEPA.

Counsel for Appellants
Harold H. Green
MacDonald, Hoague & Bayless
15th Floor, Hoge Building
701 Second Avenue
Seattle, WA 98104

Slade Gorton Attorney General
Charles B. Roe, Jr.
Robert V. Jensen
Wick Dufford
Temple of Justice
Olympia, WA 98504

Counsel for Appellees
Robert E. Ratcliffe
Lycette, Diamond & Sylvester
4th Floor, Hoge Building
705 Second Avenue
Seattle, WA 98104

A.L. New Bould Corporation Counsel
Gordon F. Crandall Asst. Corporation Counsel
Municipal Building
Seattle, WA 98104

HALE, C.J., FINLEY, ROSELLINI, HAMILTON, and STAFFORD, JJ., concur.