Section 2

Citation: Section 2
Parent Document: Rental Housing Assoc., App/x-resps V. City Of Seattle, Resp/x-app (2022)
Jurisdiction: Washington (state)
Effective Date: 2022-03-21
Original Source: https://www.courtlistener.com/opinion/6453160/rental-housing-assoc-appx-resps... ↗

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the trial court’s conclusion that Ordinance 126081’s ban on interest is preempted by state law, we
need not reach this takings claim.
12 In Manufactured Housing Communities of Washington v. State, 142 Wn.2d 347, 361, 13 P.3d
183 (2000), abrogated by Chong Yim v. City of Seattle, 194 Wn.2d 651, 451 P.3d 675 (2019), the
Supreme Court held that the Washington State Constitution is more protective than the federal
constitution on the basis “that ‘private use’ under amended article I, section 16 is defined more
literally than under the Fifth Amendment, and that Washington's interpretation of ‘public use’ has
been more restrictive.” In Yim, the Supreme Court held that it would nevertheless follow federal
case law for evaluating whether a law constitutes a regulatory taking. 194 Wn.2d at 667. Now that
the U.S. Supreme Court appears to apply the same test for both per se physical and regulatory
takings, we assume our Supreme Court will continue to apply the federal test. We do so here. - 15 -
No. 82469-4-I/16

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