S-0518.1  _______________________________________________

                         SENATE BILL 5444

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators Kline, Wojahn and Kohl‑Welles

Read first time 01/22/1999.  Referred to Committee on State & Local Government.

Eliminating the authority for attorneys' fees awards to prevailing parties in land use and shoreline management decisions appeals.

    AN ACT Relating to the repeal of attorneys' fees awards in land use cases; creating a new section; and repealing RCW 4.84.370.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The purpose of this act is to repeal the statutory authorization for the award of attorneys' fees to prevailing parties in appeals of land use and shoreline management decisions.  This statute, enacted in 1995, has had a chilling effect upon the exercise of the rights of individuals, organizations, and small developers to seek judicial review of governmental decisions that may affect their neighborhoods, communities, and development proposals.  It is more appropriate that the general American rule that each party bears its own attorneys' fees should apply to these cases.

NEW SECTION. Sec. 2.  RCW 4.84.370 and 1995 c 347 s 718 are each repealed.

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