H-4119.1  _______________________________________________

                          HOUSE BILL 2855

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State of Washington      56th Legislature     2000 Regular Session

By Representatives Mastin and Grant

Read first time 01/21/2000.  Referred to Committee on Judiciary.

Authorizing awarding of attorneys' fees and costs in appeals of growth management hearings boards' decisions.

    AN ACT Relating to attorneys' fees and costs in appeals of growth management hearings boards' decisions; and adding a new section to chapter 4.84 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 4.84 RCW to read as follows:

    (1) Reasonable attorneys' fees and costs shall be awarded to the prevailing party or substantially prevailing party on appeal before the superior court, court of appeals, or supreme court of a decision by a growth management hearings board.  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 a growth management hearings board; and

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

    (2) Awarding of attorneys' fees and costs under this section does not preclude any other remedies or relief otherwise available under law.

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