Sustainable Development

Downloading my newest addition to my Kindle library—the digital book service provided by Amazon.com—I remembered the gentle criticism of a planner on a list serve not too long ago. The thread was on sustainability and global warming. I had made the point that market economies were innovative economies, and too much of the planning discussion on sustainability focused on reduced consumption without seriously discussing the ways technology fundamentally changed our choice sets. The planner chastised me for my faith in markets, saying, in a nutshell, we need to focus on what we know we can influence and not hedge are bets on the past. The implication was that markets were too ephemeral and undependable to include in long-term planning.

The unstoppable force paradox is an exercise in logic that seems to come up in the law all too often. There is a Chinese variant. The Chinese word for “paradox” is literally translated as “spear-shield” coming from a story in a Third Century B.C. philosophy book, Han Fiez, about a man selling a sword he claimed could pierce any shield. He also was trying to sell a shield, which he said could resist any sword. He was asked the obvious question and could give no answer.

The Washington Supreme Court broke the paradox between a 12-month moratorium during which the City of Woodinville considered sustainable development regulations for its R-1 residential area, and the efforts by the Northshore United Church of Christ (Northshore Church) to host a movable encampment for homeless people on its R-1 property. City of Woodinville v. Northshore United Church of Christ (July 16, 2009).