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Division 1 Court of Appeals

Jesse Rapczak, et ano., Appellant v. City of Kirkland, case # 856260 – Jesse and Forest Rapczak want to build a new home on their property in Kirkland, but, as a condition of development the City of Kirkland is requiring they dedicate a pedestrian footpath across their property for public use. The Rapczaks challenged that condition under the Land Use Petition Act. The trial court dismissed the Rapczaks LUPA petition. They appeal, arguing that the court erred because the City’s condition a is an unconstitutional taking. COA #85262-0. King County Superior Court #21-2-04273-9.