SCOTUS Request

WBPA Members and Friends,

Our lawsuit over property rights is in front of the Supreme Court and we found out today that they’ve got some questions for Governor Inslee and the state.

The nation’s high court has asked the governor and the State of Washington to respond to the Washington Business Properties Association’s petition in the Gonzalez case. This demonstrates that at least one justice is interested. 

The Washington State Supreme Court ruled 5-4 against the WBPA over the governor's authority to issue his eviction moratoria, impair contracts, takings, and venue of the case. The petition to the Supreme Court of the United States asks the question:

Whether an ordinance that compels the possession of property by an unwelcome occupant is a categorical physical taking, as the Eighth Circuit held in Heights Apartments, LLC v. Walz, 30 F.4th 720 (8th Cir. 2022), or a permissible regulation of use under Yee v. City of Escondido?

No other eviction moratoria lawsuit has made it so far in the process. 

Our Managing Director, William Shadbolt is saying, “While this is an excellent sign that the Supreme Court of the United States is interested in protecting property rights in Washington State, there is a way to go before we know if they will grant review. The prior amicus briefs (friend of the court) will be asked to resubmit those for the Gonzales case.”

This is an example of the impactful work the WBPA is doing. We are grateful to our members and partners who are helping advance property rights for our commercial, retail, and residential real estate members. 

To keep these and other efforts going, we need your support. From the Legislature to the Courts we are the only membership organization taking this needed and aggressive approach to protecting property rights in Washington’s real estate space. 

Please consider supporting our Legal Defense Fund as Gonzalez and other cases work their way through the courts. In addition, we’d love to speak with you about our advocacy and elections efforts.