Pinecrest Homeowners Association v. Glen A. Cloninger & Associates
Supreme Court of Washington
87 P.3d 1176 (2004)
Glen A. Cloninger & Associates (defendant) obtained an immediately effective amendment to Spokane's comprehensive plan permitting mixed-use office park development on its medium-density property, with the amendment directing the city's hearing examiner to process rezoning applications fulfilling the amendment's purposes even before a corresponding zoning ordinance was formally enacted. When Cloninger applied to rezone, the hearing examiner denied the request because the implementing ordinance hadn't yet been passed, but the city council reversed that denial on appeal; neighboring homeowners (plaintiffs, including the Pinecrest Homeowners Association) sued, and after the superior court affirmed the council's decision, the court of appeals reversed, prompting Cloninger's appeal to the Washington Supreme Court.
Whether a municipality may rezone land based on an immediately effective amendment to its comprehensive plan before a zoning ordinance called for by that plan has been enacted.