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development standard or regulation adopted after the effective date of the agreement. A <br />permit or approval issued by the county or city after the execution of the development <br />agreement must be consistent with the development agreement.” (Emphasis added) <br />Wash. Rev. Code 36.70B.180 Development agreements-Effect (Revised Code of Washington <br />(2022 Edition)) <br /> <br />The case of Alliance Investment Group v. City of Ellensburg, 189 Wash.App. 763 (2015) deals only <br />with statutory vesting under building permits (RCW 19.27.095) or land divisions (RCW 58.17.033). <br />Contractual vesting under a development agreement was not considered or affected. There is no <br />authority for extending either of the statutory vesting provisions to development agreements. <br /> <br />Over the years, Suncadia has been careful to not allow the imposition of new or different rules or <br />regulations outside of the “Applicable Law” as defined in the Development Agreement. Please <br />withdraw the below request and confirm that Suncadia is not subject to the recent revisions to KCC <br />17A. <br /> <br />Alternatively, as there would seem to be disagreement on the application of the newly revised KCC <br />17A to Suncadia in contravention of Exhibit F-1, Section A, of the Development Agreement, Suncadia <br />will be requesting to resolve this issue under Section F of that document, something that has not <br />been necessary in nearly 22 years of the parties’ cooperation under the development agreement. In <br />such event, it should be pointed out that the county cannot refuse to process Subsequent Actions— <br />in this case the preliminary plat public hearing on the Phase 2, Division 7 plat—pending the <br />resolution of this question. Sec F-1(e) Suncadia will expect this public hearing to be held on April 19 <br />as scheduled. <br /> <br />F. Steven Lathrop, Attorney at Law <br />Lathrop, Winbauer, Harrel, Slothower & Denison, LLP <br />Direct Telephone: 509-925-5622; Direct Fax: 866-213-1548 Mobile: 206-799-0728 <br />steve@lwhsd.com <br /> <br />NOTICE: This e-mail message and its attachments are confidential and/or attorney work product and <br />subject to the attorney-client communication privilege. This e-mail is being transmitted to and is intended <br />only for the use of the recipient named above. Reading, disclosure, discussion, dissemination, <br />distribution, or copying of this email, attachments to this email and the information contained herein by <br />anyone other than the named recipient or his or her employees or agents is strictly prohibited. If you have <br />received this e-mail in error, please immediately notify the sender by reply e-mail and delete and/or <br />destroy the original and all copies of the e-mail. <br /> <br />From: Kelly Bacon (CD) <kelly.bacon.cd@co.kittitas.wa.us> <br />Sent: Wednesday, March 16, 2022 9:46 AM <br />To: 'Wedin, Lathan' <lwedin@suncadia.com>; Steve Lathrop <Steve@lwhsd.com> <br />Cc: Jeremy Johnston <jeremy.johnston@co.kittitas.wa.us> <br />Subject: LP-22-00001 Suncadia Phase 2 Division 7 - Request for Information <br /> <br />Good morning, <br /> <br />Kittitas County adopted a new Critical Areas Ordinance and the changes took effect on February 7, <br />Index #51