King County property owners won big in the court of appeals today. The Citizens' Alliance for Property Rights challenged a critical areas ordinance that potentially required private property owners to set aside (leave untouched) 65% of their land even though they owned it and still paid property taxes on it.

In a no-brainer of a decision, the three-judge panel ruled that the ordinance was an indirect but illegal "tax, fee, or charge" on development.

[T]he state Supreme Court held in a previous case that restrictions like those in the King County clearing ordinance must be tied to the impact of a specific, proposed development. "The plain language of the statute does not permit conditions that are reasonably necessary for all development, or any potential development," Cox wrote.

This ordinance never passed the straight-face test. Predictably, King County Executive Ron Sims is a bit upset and is exploring what to do next. (I have a few suggestions.)

This ruling and the previous WA Supreme Court ruling provide a ray of hope for those who would like to repeal the Growth Management Act. Any takers?