- 8:30 a.m. to 4:30 p.m | Monday through Friday
Decades of Experience Navigating Washington’s Complex Land Use Laws
At Land Use & Property Law, PLLC, we handle all aspects of property and land use matters. From zoning and environmental compliance to property disputes and mediation, our firm helps clients protect their rights and move forward with confidence.
Obtaining the proper permits to authorize a large or small development and working through the maze of permitting can be daunting for businesses and private citizens.
Jane Koler and Richard Sanders each have over 40 years of experience obtaining land use permits including subdivision and short plat approvals, Shoreline Management permits, critical area permits including permits to develop wetlands, septic system approvals, building permits, recycling permits, solid waste handling permits, comprehensive plan amendments and rezones, conditional use permits, reasonable use permits, variances, zoning permits, grading and mining permits, as well as business liquor licenses.
Our firm assists clients in addressing the local, state and federal regulation of wetlands. Our attorneys are zealous advocates who protect private property rights. Firm attorneys also address issues arising under the Forest Practices Act including assisting clients with getting permits as well as, administrative appeals to the Pollution Control Hearings Board or appeals to Washington courts.
We assist clients with all phases of real estate development, including obtaining permits for simple or complex developments, subdivisions, short plats and boundary line revisions. Our clients depend on us for conducting feasibility studies prior to purchasing property. The firm also drafts documents necessary for condominium formation. Our firm is available to help clients address newly promulgated medium housing and lot splitting regulations that dramatically expand the number of residential units allowed in single-family residential zones.
Our firm assists clients in addressing local, state and federal regulation of wetlands, and advocates for their property rights within that context. We address a lot of steep slope/landslide and stream issues as well. The firm also addresses issues arising under the Forest Practices Act, including assisting clients with getting permits or submitting administrative appeals to the Pollution Control Hearings Board, Shoreline Hearings Board, and our firm does municipal appeals, as well as submitting appeals to Washington Courts.
We address issues affecting agricultural enterprises arising under the Growth Management Act, Critical Area Ordinances, and the Right to Farm Act. Farmers also depend on us to help them with wetland and stream issues. We also represent clients obtaining permits to deposit biosolids on their agricultural properties.
Our firm has extensive experience in obtaining permits to establish recycling and composting operations.
The firm has substantial experience with the Shoreline Management Act. Our firm helps clients obtain Shoreline Management Act permits and address shoreline enforcement actions and proposed shoreline regulations that intrude on property rights.
Richard Sanders and Jane Koler have successfully litigated Shoreline Management Act (“SMA”) issues before local tribunals, the Shoreline Hearings Board, Washington State Superior Courts, and the Washington Court of Appeals.
Our firm has assisted clients in obtaining complex SMA permits and in changing the SMA classification of their properties. Our attorneys also obtain favorable settlements for clients facing enforcement actions.
Our attorneys have successfully invalidated an SMA Washington Administrative Code regulation promulgated by the Washington State Department of Ecology and have continued to assist clients with complex SMA permitting, property classification changes, and enforcement defense.
Government enforcement actions are often handled in an arbitrary fashion, leaving businesses and property owners unsure of where to turn as they confront government demands, layers of red tape, and the threat of fines.
Attorneys Richard Sanders and Jane Koler have over 40 years of experience dealing with these issues and has provided skilled representation to our clients, including assisting a business in Mill Creek which the government had forced to close and demanded penalties exceeding more than one million dollars per year. Our firm got the penalties invalidated and the business reopened.
These enforcement actions often are not conducted in accordance with the government’s own regulations and are frequently constitutionally flawed. Richard Sanders and Jane Koler aggressively challenges these arbitrary government actions and seeks justice for our clients through settlement or litigation, taking cases all the way to the Washington Supreme Court if necessary. She has obtained judgments that include a damage and attorney fee award, helping clients to recoup their fees.
The firm represents businesses and individuals in matters involving government compliance and enforcement. Government and corporate compliance issues are often handled in an arbitrary fashion by agencies and employees, leaving businesses and individuals unsure of where to turn as they face layers of red tape and the threat of fines.
As property owners – both individuals and businesses – find out every day, simply owning property does not mean that they have full control over what they can do with it. Most property owners do not give issues such as property boundaries and water rights a second thought until a dispute arises that threatens their property rights and freedom to enjoy their home or business property.
The firm has well-established experience with protecting the constitutional rights of clients from burdensome regulations and arbitrary actions. It also represents clients confronted with disputes about easements, boundaries, nuisance conditions, trespass, waste (illegal tree cutting), and adverse possession claims. Richard Sanders is a recognized expert in constitutional law.
Richard Sanders and Jane Koler have litigated numerous claims against state and local government on behalf of private property owners seeking money damages and equitable relief for unconstitutional and otherwise unlawful interference with the right of private citizens to own and develop their property. These litigations include claims for unconstitutional takings, civil rights violations under 42 U.S.C. 1983, and arbitrary and capricious misconduct in violation of various state statutes and constitutional provisions.
Some of Richard Sander’s landmark litigations include Robinson v. Seattle, 119 Wn.2d 34 (1992), Church of the Divine Earth v. Tacoma, 194 Wn.2d 132 (2019), Sintra v. Seattle, 119 Wn.2d 1 (1997), Hayes v. Seattle, 131 Wn.2d 706(1997), Margola v. Seattle, 121 Wn.2d 625 (1993), R/L Associates v. Seattle, 61 Wn. App. 670 (1991), Tekoa Construction v. Seattle, 56 Wn. App. 28 (1989), Hoberg v. Bellevue, 76 Wn. App. 357 (1994), and more than 130 appeals and hundreds of trials including a successful “rails to trails” Woodinville claim against the federal government in the U. S. Court of Claims.
While on the Supreme Court he wrote or joined landmark decisions including Mission Springs v. Spokane, 134 Wn.2d 947 (1998) and Manufactured Housing v. State, 142 Wn.2d 347 (2000) vindicating the rights of private property owners, to name a few. In all, he wrote approximately 700 opinions while on the Supreme Court and participated in over 1,700. He is fond of Justice Potter Stewart’s observation that property does not have rights, people do and sees it the obligation of the courts to protect those rights.
Representing businesses and individuals, the firm focuses on negotiating durable settlements for all parties, but is prepared to litigate when necessary. Jane Koler and Richard Sanders are aggressive advocates.
The firm has expertise in assisting homeowners’ associations with developing covenants and restrictions (CC&Rs), bylaws, and agreements addressing private wells, roads, driveway, or other common facilities.
We also represent homeowners’ associations in enforcement actions as well as individual homeowners defending against such enforcement activities.
The firm also drafts condominium formation documents.
Mediation allows individuals to avoid the high cost, extreme delays and acrimony associated with litigation. The problem with litigation is that a client loses control over how a particular problem is resolved and relinquishes such control to a judge or jury. Mediation demands the client’s approval of any settlement and allows remedies which are outside the authority of a court or jury. It gives the client an affirmative role in fashioning a solution to a dispute.
The high cost and long delays associated with the trial of civil matters often make litigation a painful and impractical method of resolving disputes. Mediation offers the advantage of requiring a dispute settlement that is mutually satisfactory to both parties. Mediation works because it allows both parties to come to the settlement table with a skilled mediator, in a process wherein they can reasonably evaluate their position and safely explore settlement options.
Have questions about your property, permit, or land use issue? We’re here to help. Call us directly or fill out the form below — we’ll get back to you promptly.