Our property is now worthless thanks to the County Health Dept

[Joel Colvos]

Last year we purchased a cabin in Kitsap County near Seattle with the intention of using it as a part time short term vacation rental.  It is a lakefront property which comes with septic challenges and the original neglected cabin had only an outhouse.  

We looked at several properties prior to this and specifically rejected several because of water and septic issues/utility issues.  In order to get septic approval the County Health Dept requires that we use one of their 'certified septic planners' to do a site visit, take measurements, dig test holes etc.  Our original septic planner worked it out with the county and came up with a basic septic plan and we got initial approval for septic before buying the property.

Unfortunately after we purchased the property the county has continued to reject our septic plans.  We have now hired three different septic planners (of only 18 certified by the county) and all have come up with plans that they say should work and all have been rejected by the county.

Without an operable septic system our property is deemed 'recreational' and is clearly worth a lot less than what we paid for it.  We have talked with a RE attorney in our target area and he has assured us that we have a strong case against the county.  

Just wondering if anyone out there has been in any similar situations?  We are not looking forward to a lawsuit but we are quickly running out of options.

[JD Martin]

There has to be some legitimate reason for rejecting the plans, and some remedy for the situation - otherwise you are being denied due process. I think your attorney is right regarding the strength of your case, but keep in mind the County has a lot more money than you, and attorneys on staff. Before I went that route, I would bring one of the certified septic contractors with me and meet with staff to determine what the reason for rejection is, what scenarios the county will approve, and what you need to do to make it happen. Even if you win a lawsuit you are unlikely to win legal fees unless it can be demonstrated there was some specific nefarious intentions against you. Honey, not vinegar.