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Published on Friday, January 9, 2015

Changes to vesting law

The Association of Washington Business is circulating for comment a proposal to amend the state’s vesting laws to address what they believe is confusion generated by the Potala Village v Kirkland case that is currently awaiting potential review by the State Supreme Court. The proposal, linked here, would essentially state that the no statutory codification of the vested rights doctrine supplants the common law vested rights doctrine. Some city attorneys have reviewed this proposal and have concerns that it would inject additional confusion into an already murky part of state law and contradict case law that has been in place since before the Potala Village decision. We would welcome feedback from city attorneys (and others) about this proposal, please contact Carl Schroeder.