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Potala Village victory will be short-lived | Letter
This temporary victory in the use of this property [Potala Village] will be short-lived, if the owners elect to take the matter to higher courts. The neighbors and those elected by them clearly feel they have the right to protect their neighborhood but, please, not at the sole expense of this single property owner.
If you would take the time to read Supreme Court decisions on similar takings you will find a long history of the court siding with the property owner and against the taking agency.
Make no mistake this is a regulatory taking of property rights which cause a demonstrable loss to the owners and as time is delayed these costs and the cost to litigate this matter fall directly on all of the tax payers in Kirkland.
Please take a half an hour and read a case on point.
There are many other cases and each restrict the regulator powers of communities to down zone, restrict and take land from private property owners without compensation.
In the case above the agency had to pay for the land taken and for the loss of its use during the moratorium.
It would be a lot cheaper and less time consuming if the million-dollar home owners and city got together to purchase the site at today's values then they can rezone and place any restriction on it they want or make it a park.
You believe you can have your cake and eat it too? This may not be the case and the rest of the community should not be forced to fund these actions.
William Costanzo, Kirkland