Property Owners’ Lawsuit Against Seattle Over Its Toleration of the “CHOP” Takeover Can Go Forward
From Hunters Capital LLC v. City of Seattle, decided Friday by Judge Thomas S. Zilly:
[1.] Procedural Due Process Violation—First Cause of Action
Plaintiffs plausibly allege that they had a protected property interest in the full use and enjoyment of their property and that the City’s affirmative actions in support of CHOP caused Plaintiffs to suffer a temporary deprivation of those interests.
Specifically, Plaintiffs allege that from June 8 to July 1, 2020, CHOP participants used City-provided barriers, with the City’s approval, to block access from their properties to streets, sidewalks, and other public rights-of-way. Many of the Plaintiffs also allege that because of CHOP’s existence, and the rampant crime and vandalism that ensued, they were deprived of all (or nearly all) economic use of their properties. At least one Plaintiff alleges that CHOP participants physically invaded its premises by setting up, without permission, a “makeshift medical tent,” to which the City provided beds and medical equipment.
Those allegations are sufficient to support Plaintiffs’ claim that they were deprived of state-created property interests. See Guimont v. Clarke (Wash. 1993), abrogated on other grounds by Yim v. City of Seattle (Wash. 2019) (holding that “a regulation that compels a property owner to suffer a ‘physical invasion’ or ‘occupation’ of his or her property is compensable no matter how weighty the public purpose behi
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