Kennedy v. McGuire, 38 Wash. App. 237 (1984)

Citation: Kennedy v. McGuire, 38 Wash. App. 237 (1984)
Parent Document: Kennedy v. McGuire, 38 Wash. App. 237 (1984)
Jurisdiction: Washington (state)
Effective Date: 1984-07-23
Original Source: https://www.courtlistener.com/opinion/6958580/kennedy-v-mcguire/ ↗

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The Kennedys next claim that it was error to apply the notice requirements of ordinance 109280 to this action. In particular, they argue that section 3(6) of ordinance 109280 is unconstitutional, since it is substantially identical to the provision held unconstitutional in Kennedy v. Seattle, supra. In fact, after the briefs in this case were filed, the Washington Supreme Court held that section 3(6) of ordinance 109280 was unconstitutional. Granat v. Keasler, 99 Wn.2d 564, 571, 663 P.2d 830, cert. denied, 104 S. Ct. 549 (1983). In Granat, the court reviewed the requirement that, in order for a moorage owner to evict a houseboat owner and convert a moorage site to personal use, the moorage owner must locate another lawful moorage site for the *242houseboat owner. The court found this requirement to be an unconstitutional taking of property without just compensation. Granat, at 570-71.

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