Opponents of Seattle land-use legislation will still be able to appeal to King County Superior Court or the Growth Management Hearings Board.
By Erica C. Barnett
On the narrowest possible vote, the Seattle City Council approved legislation yesterday that will eliminate one of several avenues for opponents to appeal land-use legislation, such as the city’s comprehensive plan. The bill, sponsored by Councilmember Eddie Lin, eliminates pre-legislative appeals to the city’s hearing examiner while still allowing people to appeal legislation to the state Growth Management Hearings Board or to King County Superior Court after it passes.
Currently, hearing-examiner appeals are one of many tools that people and organizations opposed to apartment construction use to delay or stop development.
Yesterday’s four-hour meeting, which I covered live on Bluesky, featured the kind of over-the-top rhetoric that has long characterized debates about housing in Seattle. Public commenters who opposed new housing, mostly older white homeowners, argued that denser housing harms the environment by removing individual trees when homeowners sell their houses to developers (opponents refer to these lawn-based tree removals as “clear-cutting”), and contribute to climate change that kills salmon, orcas, and birds.
Although opponents have repeatedly raised the specter of Seattle turning into New York City (the horror!) the comprehensive plan, currently delayed indefinitely by an appeal that began at the hearing examiner’s office, would in fact allow modest new density in a few dozen small areas citywide, all within a block or two of major transit stops.
One speaker suggested that the city just convert all the vacant commercial buildings downtown into housing and let renters live there. (This isn’t really a new idea: “Solutions” that involve moving all renters into segregated areas are exactly what we have now, with new rental housing mostly confined to highways and busy arterial roads). Another said councilmembers who supported Lin’s appeal reform bill are just like Trump, because they’re taking away the civil rights of local density opponents the same way Trump is taking away the civil rights of Black voters and immigrants.
Councilmember Rob Saka, a former Facebook attorney and Air Force veteran who proposed an amendment to Lin’s bill that would have restored the appeals the underlying legislation sought to eliminate, also invoked “civil rights” in a speech excoriating his colleagues for violating “fundamental due process rights, free speech rights, the right of people to petition their government for redress of grievances. These rights form the bedrock of our democracy, and these rights are enshrined in our Constitution,” Saka said.
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Later, after Lin confirmed with a staffer that there’s no Constitutional right to appeal land-use legislation to a hearing examiner in Seattle, Saka said, “Even if it’s not a right, we heard dozens of people today say, from their perspective, that it is a right.” As I noted yesterday, that is not actually a point—just because a political faction uses highfalutin language about “rights” and “democracy,” that doesn’t mean their feelings trump the law. Allowing property owners to endlessly delay housing for renters by appealing land-use changes is arguably pretty anti-democratic in itself, especially when it halts legislation before the public legislative process can begin.
After Saka’s amendment failed (even Maritza Rivera voted against it), the final vote ended up being a nail-biter. Rivera, the council’s most consistent opponent of pro-housing legislation, said she of course wants to see more housing, but doesn’t support “taking something away” from her constituents. Debora Juarez, a former elected councilmember who was appointed to serve out Cathy Moore’s term last year, said she wanted to “err on the side of giving a little bit more… because that’s due process, and that’s what the people want.”
Bob Kettle, who represents downtown, Queen Anne, and Magnolia, ended up casting the surprise swing vote (Joy Hollingsworth, who abstained from voting in committee, voted no), but not before chiding housing proponents, mostly younger renters, for using rhetoric he called inappropriate.
Kettle says it's not "right to declare our neighbors are weaponizing" the appeals process because of the war in Iran and the gun violence epidemic. Of course he is only chiding people on the pro-housing side. The anti-housing folks have been vitriolic, but he isn't tone policing them.
— Erica C. Barnett (@ericacbarnett.bsky.social) 2026-07-29T00:35:34.683Z
Lin, who’s emerging as a pro-housing star on the council, said little before the final vote, which took place at nearly 6:30pm. Earlier in the meeting, however, he did take a moment to respond to commenters who likened new housing to toxic waste and highway expansions. “I don’t think housing and future residents are toxic waste or pollution that need to be studied for years and years and years on end,” Lin said. “I believe housing is a human right.”
Although yesterday’s 5-4 vote to eliminate hearing examiner appeals won’t prevent housing opponents from challenging land use changes in court or to the state Growth Management Hearings Board, the change will allow the legislative process to move forward during appeals, and puts Seattle in line with Bellevue, Everett, King County, Tacoma, King County, and many other local jurisdictions that don’t allow this kind of pre-legislative appeal.