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City attorney warns of legal risks in regulating downtown building uses
Summary
City attorney Hannah Kimball told the Colfax City Council that ordinances restricting private downtown building uses can trigger liability if they "significantly deprive the owner of its economic value or beneficial use," estimating potential exposure around $100,000 and noting limited case law in Washington courts.
Mayor Retzer convened the Colfax City Council on Aug. 4, 2025, for a briefing from city attorney Hannah Kimball on legal risks tied to regulating private property in the downtown area. Kimball told the council that such regulations can raise constitutional or takings issues "when such regulations significantly deprive the owner of its economic value or beneficial use," and cautioned that municipalities must balance public-health ordinances against property-rights claims.
Kimball said the specific legal landscape has not been fully developed in Washington courts and offered a rough estimate of potential liability to the city at about $100,000 if a regulatory action were successfully challenged. Council members asked about the financial exposure and practical options; Kimball also noted that nuisance codes remain available to address immediate health-and-safety concerns, such as falling masonry, without creating new use-restrictions. The council did not take immediate action on any new regulations during the meeting.
