Kennedy v. McGuire, 38 Wash. App. 237 (1984)

Citation: Kennedy v. McGuire, 38 Wash. App. 237 (1984)
Parent Document: Kennedy v. McGuire, 38 Wash. App. 237 (1984)
Jurisdiction: Washington (state)
Effective Date: 1984-07-23
Original Source: https://www.courtlistener.com/opinion/6958580/kennedy-v-mcguire/ ↗

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The City of Seattle's floating homes ordinance, first enacted in 1977, established procedures for the eviction of houseboats from moorage sites and provided for fact-finding hearings regarding moorage fee increases. Seattle Municipal Code 7.20. Section 2 of the original ordinance limited the right of a moorage owner to convert a moorage site to personal use. (Ordinance 107012, § 2.) The Kennedys challenged the constitutionality of this section in an earlier action. While that matter was pending before the Washington Supreme Court, Seattle enacted a new ordinance (ordinance 109280) on September 21, 1980, with a substantially similar section. Ordinance 109280 was in effect on December 3, 1980, the date the Kennedys gave Allan notice to evict. Section 3(6) of ordinance 109280 provided, in pertinent part:

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