SENATE BILL REPORT

                   HB 1931

                     As of March 26, 1997

Title:  An act relating to fees and costs regarding appeal of land use decisions.

Brief Description:  Eliminating provisions dealing with fees and costs regarding land use decisions.

Sponsors:  Representatives Cairnes and Backlund.

Brief History:

Committee Activity:  Government Operations:  3/28/97.

SENATE COMMITTEE ON GOVERNMENT OPERATIONS

Staff:  Kathleen Healy (786-7403)

Background:  Following the 1994 report of the Governor's Task Force on Regulatory Reform, legislation was adopted in the 1995 session (ESHB 1724) to coordinate planning and environmental review, streamline local permitting and land use appeals, and make a number of other changes in land use procedures. 

One of the provisions enacted in ESHB 1724 requires an award of reasonable attorneys' fees and costs to the prevailing party, or substantially prevailing party, in Court of Appeals or Supreme Court decisions involving zoning, building permits, site plans, shoreline permits, or similar land use decisions.  The party must have substantially prevailed in all prior judicial proceedings and before the local government.  A county or city is the prevailing party if its decision is upheld in superior court and on appeal.

Summary of Bill:  The requirement to award reasonable attorneys' fees and costs to the substantially prevailing party on appeal of land use decisions is repealed.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.