Griffin v. Thurston County

Holdings:

  1. A landowner can not become vested in an inaccurate interpretation of a law. A government may correct its interpretation and application of a law at any time without affecting the rights of a landowner.
  2. Where a development code allows an exception from one rule if the project meets all the other requirements of the code, a waiver of requirements does not meet those requirements.

Discussion:
Steamboat Island
Mr. Griffin was seeking a variance from the county’s on-site septic system requirements. He owns a waterfront lot on Steamboat Island, which is a small residential island in unincorporated Thurston County near Olympia. The island currently has 43 residences on its eight acres. Steamboat island, despite its density, is not connected to any public facilities so all residents rely on wells and septic systems.

The minimum lot size is zone at 12,500 sq. ft., but Mr. Griffin’s lot is only 2,850 sq. ft.. Still the Thurston County code permits on-site septic systems on small lots if the size of the lot is the only requirement not met. Before requesting approval for his on-site septic system, though, Mr. Griffin had requested and received several other waivers from set-back requirements, designed system flow, and a water table study. The court held that allowing these waivers to substitute for actual compliance with the original requirements would make the compliance requirement redundant since any building must either comply with the regulations or seek special approval.

Mr. Griffin argued that the county had a practice of granting septic approval in situations like his and that he had a right to similar treatment. The court held that the county’s current interpretation was the correct interpretation of the law and that Mr. Griffin was not entitled to rely on the previous, erroneous application of the law.

Notes:

The court notes that the county uses the word “waiver” for its common, not its legal meaning. I suspect the word “variance” would be better.

Links:
Full opinion text (PDF, unpaginated)
Thurston County Sanitary Code as it existed on Mar 24, 2007
A view from the island:

- posted Mar 24, 05:05 PM in

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