C.R. Johnson Co. v. City of Selah

*623 MEMORANDUM **

C.R. Johnson appeals from the district court’s order granting summary judgment for the City of Selah (“the City”). We affirm.

A. Inverse Condemnation

The district court did not err by holding that there was no genuine issue of material fact as to whether the City’s actions constituted a compensable taking. The Washington State Constitution provides that “[n]o private property shall be taken or damaged for public or private use without just compensation having been first made.” Wash. Const, art. I, § 16. An inverse condemnation action occurs when a party seeks to “recover the value of property which has been appropriated in fact, but with no formal exercise of the power of eminent domain.” Phillips v. King Cty., 136 Wash.2d 946 , 968 P.2d 871 , 876 (1998). A property owner is entitled to compensation where the governmental action deprived the property owner of a valuable right. Manufactured, Hous. Communities of Wash. v. State, 142 Wash.2d 347 , 13 P.3d 183 , 193 (2000).

C.R. Johnson argues it had a vested right to develop the property using a water booster pump. Under Washington’s vested rights doctrine:

Wash. Rev.Code § 58.17.033(1). A developer has the…