Contact:
Master Builders Association of King and Snohomish Counties
p 425.478.7453
pr@mbaks.com

FOR IMMEDIATE RELEASE

INITIATIVE 24-03 CHALLENGED IN COURT ON LEGAL, COMMUNITY CONCERNS

Local initiative authorizes lawsuits for damages against any party that impacts Snohomish River Watershed, with lessened burdens of proof; requires City of Everett to complete undefined restoration activities with monetary judgments.

State Supreme Court precedent illustrates that the initiative falls outside of the scope of local initiative powers, as demonstrated by the Court invalidating a similar initiative passed in Spokane in 2016.

In filing the complaint, home builders and other local businesses underscored the importance of existing environmental laws to protect water quality in our region.

EVERETT, Wash., January 28, 2025–Today the Master Builders Association of King and Snohomish Counties, along with additional local businesses operating in Everett and Snohomish County, filed a complaint in Snohomish County Superior Court challenging the constitutionality of Initiative 24-03. The basis of the complaint is that the initiative’s scope falls outside of the legal parameters set for local initiatives in Washington State. A similar initiative passed in Spokane was invalidated by the State Supreme Court. The coalition of Plaintiffs that filed the complaint share the desire of Everett voters to protect our region’s waterways and green spaces. This is why they are proud to adhere to the strict requirements set by local and state agencies to protect water quality in our region, in addition to advancing other environmental stewardship measures under their respective corporate policies.

In 2016, the State Supreme Court found in Spokane Entrepreneurial Ctr. v. Spokane Moves to Amend the Constitution that initiatives such as I 24-03 fall outside the scope of local initiative powers. A member of the legal team that successfully argued for the plaintiffs in that case is serving as lead counsel on this complaint, Rob Maguire of Davis Wright Tremaine LLP.

“Washington Courts have consistently rejected local initiatives seeking to change water use or regulation as beyond the scope of the local initiative power,” said Mr. Maguire. “Like the Spokane initiative that was unanimously struck down by our State Supreme Court, the Everett initiative seeks to change water use regulations over the Snohomish River Watershed, including its tributaries. It goes far beyond the scope of the local initiative power because it conflicts with federal and state law, and is unconstitutionally vague. We are therefore asking the court to invalidate the initiative and enter an injunction preventing the unlawful measure from being enacted or enforced.”

Clayton Graham, a land use lawyer at Davis Wright Tremaine and co-counsel to the Plaintiffs, noted that “[t]he Initiative, if enacted and enforced, would leave owners, users, and developers of property in Everett in a lurch; given the possibility of damages suits for activities that have virtually any impact—no matter how minor or indirect—on the Snohomish River Watershed.” Mr. Graham noted concerns about the “chilling effect” these liability provisions could have on development in the City, which is already subject federal, state, and local regulations intended to protect water quality.

“As homebuilders, our members are proud of their role in upholding our community’s investments and expectations for protecting the environment that we all share,” said Jerry Hall, executive director of the Master Builders Association of King and Snohomish Counties. “We cannot afford for the existing environmental regulations enforced by state and local jurisdictions to be undermined by the type of local initiative that our State Supreme Court has already found to be illegal. We are challenging this initiative in court so that local homebuilding may continue to help mitigate our region’s affordability crisis while new housing is built in accordance with existing, rigorous environmental protections. Furthermore, to the extent the initiative adversely affects housing construction and local businesses, it will inhibit the city of Everett’s efforts to accommodate the 20-year projections it is required to plan for under the Growth Management Act.”

“Our members operate under strict and appropriate regulatory oversight to ensure that their business operations are in alignment with our state’s values of environmental stewardship,” said Cory LeeAnn Shaw, executive director of the Washington Aggregates & Concrete Association. “Unfortunately, this illegal initiative runs counter to the existing environmental protections that require regular monitoring, permitting and compliance.”

Under the laws governing local initiatives, City of Everett officials acted in accordance with their obligations to put Initiative 24.03 before voters once the required number of signatures had been verified. Under the law, whether the content of the initiative complies with local initiative powers is not a factor in determining if it may be placed before voters. As a result, the initiative appeared on the ballot in Everett and following the election, plaintiffs are now asking Snohomish County Superior Court to intervene so that an unconstitutional initiative does not proceed further.

 Read the the full complaint here.

About MBAKS

The Master Builders Association of King and Snohomish Counties (MBAKS) is the nation’s oldest and largest local homebuilders association, helping to make home happen since 1909. 

###

By Marc Stiles, Puget Sound Business Journal (subscription required)

The size of new houses on Mercer Island will be limited more than anywhere else in the region starting Nov. 1, when new restrictions that the city council approved on Tuesday take effect.

The council voted 5-1 to update the city's residential design standards and approved a new rule to protect mature trees.

The code update affects all of the 6,950 single-family lots on the island, which is a choice market for builders of new homes. The island's average household income of $183,200 is the Puget Sound region's second-highest behind Medina, according to Puget Sound Business Journal research.

New construction and remodeling projects can still be vested under the old code until the end of October, city spokesman Ross Freeman said.

After that, new homes won't be able to cover more than 40 percent of a lot, down from 45 percent. Maximum heights have been cut from 35 to 30 feet, and at least 30 percent of large trees must be kept when a lot under goes major construction. The rules also limit the amount of "hardscape" surfaces, such as decks and patios, to 9 percent of a lot.

Residents who pushed for the change raised concerns about how quickly the character of their neighborhoods have been changing, with old houses being replaced by larger ones.

While the city has been working on the update for about a year, critics say the city rolled out the new rules hither and yon, discussing different changes at different times. They were not discussed as a comprehensive package, according to the Master Builders Association of King and Snohomish Counties, which asked council members to slow down the process and consider their recommendations.

"This is a lose-lose. The (homebuilding industry) was not heard and the community's primary concerns were not addressed," David Hoffman, a government affairs staff member for the homebuilders, said after Tuesday's council vote.

People are still going to build big houses that will upset some neighbors, he said.

FOR IMMEDIATE RELEASE
Media Contact:
Sharon Couts
Master Builders Association of King and Snohomish Counties
425.499.1723

Bellevue, Wash.—November 14, 2016—Seattle was recently named the “crane capital of America” by a Seattle Times article, with 58 cranes currently in operation, an increase of 38 percent in the past year. And these numbers don’t even include cranes located in Bellevue and elsewhere in the Puget Sound area. With more cranes, more possibilities exist for accidents. That is why, beginning in February 2017, the Master Builders Association of King and Snohomish Counties (MBA) and Buildsafe Solutions will be offering free two-day Qualified Signal Person Certification for Mobile Cranes classes. The classes are made available in thanks to a $127,688 grant from State of Washington Department of Labor and Industries’ Safe and Health Investment Projects (SHIP) program.

“We are excited about receiving this grant,” said Shannon Affholter, executive director of the MBA. “Construction site accidents have a huge impact on the construction industry, families, and for anyone affected. We want to prevent accidents. These safety classes teach us how to run equipment properly and keep everyone safe.”

The trainings are free to employers and employees in the construction industry and provide 16 clock hours as well as crane certification. Topics will include crane management, high risks, crane foundations, load charts, range diagrams, crane dynamics, rigging oversight, and signaling, and will provide for a mobile crane signaling protocol and certifications required by the Washington State Department of Labor and Industries.

About the MBA

Founded in 1909, the Master Builders Association of King and Snohomish Counties (MBA) has grown to become the largest residential home builders association in the United States. With 2,800 member companies, the MBA is dedicated to membership value, government advocacy, financial stewardship, and promoting the residential building industry in the Puget Sound Region. The Association and its members address many of the concerns and issues affecting the residential housing industry. If you are looking to buy, build, remodel, or maintain your home, trust the MBA for industry professional referrals and practical information to get the job done. mbaks.com

ABOUT THE SHIP PROGRAM

The goal of the SHIP program is to identify, fund, and assist with the implementation of safety and health projects designed to eliminate workplace injuries, illnesses, and fatalities, because one injury, one illness, one fatality, is one too many.

###