Appeals panel hears challenge to Edmonds tree-replacement requirement as a taking

An appellate panel heard arguments in Nathan Rimmer v. City of Edmonds over whether the city's tree-replacement rule is a regulatory limit or an unconstitutional taking under Nolan/Dolan. Counsel for the city said the code limits use and does not acquire property; counsel for Rimmer said the as-applied condition failed the required nexus and proportionality analysis and the trial court's mandamus and permit issuance leave a live federal 1983 claim.