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Challenge To Agreement For Church Tent City Dismissed As Untimely

By Howard M. Friedman

In Mercer Island Citizens for Fair Process v. Tent City 4, (WA App., June 1, 2010), a Washington state appellate court dismissed as untimely challenges to a decision by the Mercer Island City Council to to enter a Temporary Use Agreement permitting the Mercer Island United Methodist Church to host a temporary encampment for the homeless in 2008. The court held that the Temporary Use Agreement was a land use decision. Under the state's Land Use Petition Act, any challenge to City Council's decision had to be appealed to the courts within 21 days after it was issued. That time limit also applies to due process challenges to the land use decision. (See prior related posting.)

Full post as published by Religion Clause on June 03, 2010 (boomark / email).