H-3865.1  _______________________________________________

                          HOUSE BILL 2911

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By Representative Sehlin

Read first time 02/05/2002.  Referred to Committee on Judiciary.

Requiring appellants of certain land use decisions to file a bond for the potential payment of attorneys' fees.

    AN ACT Relating to requiring appellants of certain land use decisions to file a bond for the potential payment of attorneys' fees; and amending RCW 4.84.370.

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

    Sec. 1.  RCW 4.84.370 and 1995 c 347 s 718 are each amended to read as follows:

    (1) Notwithstanding any other provisions of this chapter, reasonable attorneys’ fees and costs shall be awarded to the prevailing party or substantially prevailing party on appeal before the court of appeals or the supreme court of a decision by a county, city, or town to issue, condition, or deny a development permit involving a site-specific rezone, zoning, plat, conditional use, variance, shoreline permit, building permit, site plan, or similar land use approval or decision.  The court shall award and determine the amount of reasonable attorneys’ fees and costs under this section if:

    (a) The prevailing party on appeal was the prevailing or substantially prevailing party before the county, city, or town, or in a decision involving a substantial development permit under chapter 90.58 RCW, the prevailing party on appeal was the prevailing party or the substantially prevailing party before the ((shoreline[s])) shorelines hearings board; and

    (b) The prevailing party on appeal was the prevailing party or substantially prevailing party in all prior judicial proceedings.

    (2) In addition to the prevailing party under subsection (1) of this section, the county, city, or town whose decision is on appeal is considered a prevailing party if its decision is upheld at superior court and on appeal.

(3) A party filing for appeal with the court of appeals or supreme court shall, at the time of filing, file with the court a bond in an amount to be determined by the supreme court.  The amount shall be a predetermined amount that covers the average cost of attorneys' fees for land use appeals subject to this section.

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