HOUSE BILL ANALYSIS

                  HB 1093

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:  Representative Cairnes.

                    Brief Summary of Bill

CEliminates the ability of the state court of appeals or state supreme court to award attorney fees and costs in land use appeals.

HOUSE COMMITTEE ON JUDICIARY

Staff:  Jim Morishima (786-7191).

Background:

Generally, a local government is responsible for deciding how land may be used within its borders.  A local government may make many decisions regarding land use, including granting conditional use permits and variances. 

A person wishing to appeal such a land use decision, may file a petition with the superior court.  The state court of appeals or state supreme court may award attorney fees and costs to a substantially prevailing party if the party substantially prevailed in all prior judicial proceedings and before the local government.  A county or city is considered the prevailing party if its decision is upheld in the superior court and on appeal.

Summary of Bill:

The provision allowing the state court of appeals or state supreme court to award attorney fees and costs is repealed.

Fiscal Note:  Requested February 25, 1999.

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

                 Office of Program Research