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IN THE COURT OF APPEALS FOR THE STATE OF WASHINGTON
KINDERACE LLC, a Washington No. 73409-1-
limited liability company,
Appellant,
DIVISION ONE
CITY OF SAMMAMISH, a Washington PUBLISHED OPINION
municipal corporation,
Respondent. ) FILED: July 5,2016
Spearman, J. — By means of a boundary line adjustment, Kinderace LLC
(Kinderace) created a new 32,850 square foot parcel of which all but 83 square feet had
been designated by the City of Sammamish (City) as environmentally critical areas and
buffers. The City denied Kinderace's request for a reasonable use exception that would
have allowed it to proceed with a proposed development project on the new parcel.
Kinderace brought a regulatory takings claim against the City, alleging that the denial
deprived it of all economically viable use of the parcel. The trial court dismissed
Kinderace's claim, finding that it had received reasonable beneficial use of the property
as part of a joint development with an adjoining parcel. Kinderace appeals.1 Finding no
error, we affirm.
1 Kinderace also assigned error to the trial court's dismissal of its Land Use Petition Act (LUPA)
claim, but because it makes no argument in support of that claim, we conclude its appeal of that issue
has been abandoned. Allen v. Asbestos Corp.. Ltd..138 Wn. App. 564, 582, n.5, 157 P.3d 406 (2007)
(citing Bercier v. Kiqa. 127 Wn. App. 809, 824, 103 P.3d 232 (2004) (where no argument is presented in
appellant's opening or reply brief, we consider the assignment of error abandoned.)
No. 73409-1-1/2
FACTS
This dispute concerns a parcel of land located in Sammamish, Washington, near
the east side of 228th Avenue NE. In 1995, four owners of adjacent parcels - Parcel
9032, Parcel 9058, Parcel 9053, and Parcel 9039, sought a rezone of their properties
for commercial development. The rezone was granted and the owners worked with
developers Elliot Severson and Ed and Mark Roberts (who later became Lynn LLC and
SR Development, LLC), to prepare and submit plans for joint development.
In 2001, Lynn LLC submitted permit applications for Phase 1 of a "Plateau
Professional Center," which would consist of a Starbucks and a medical office building
on Parcel 9039. Clerk's Papers (CP) at 75. The permit was issued on November 12,
2002. In August and September of 2003, SR Development applied for a permit for the
joint development of Parcel 9058 and 9032 as part of Phase 2. A Kentucky Fried
Chicken/Taco Bell restaurant and a Kindercare daycare facility were to be built on
Parcel 9058. Parcel 9032 was intended for use as a storm water detention pond.
SR Development also applied for a variance from the strict application of the 150-
foot wetland buffer requirement, insisting that the site could not be developed without it.
After much discussion, the City approved the development permit and variance for the
three parcels on July 9, 2004. The detention pond to be located north of the creek on
Parcel 9032 was critical to allowing Parcel 9058 to be developed as extensively as
proposed in Phase 2.
The Plateau Professional Center was completed in July 2005. The diagram
below represents the division and character of the area consisting of Parcels 9032 and
9058 at that time.
No. 73409-1-1/3
LEGEND
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