S-0519.1 _______________________________________________
SENATE BILL 5242
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State of Washington 56th Legislature 1999 Regular Session
By Senators Kline, Winsley, Wojahn and Kohl‑Welles
Read first time 01/18/1999. Referred to Committee on State & Local Government.
AN ACT Relating to damages for unlawful agency actions; and amending RCW 64.40.020.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 64.40.020 and 1982 c 232 s 2 are each amended to read as follows:
(1) Owners of a property interest who have filed an application for a permit, and other property owners or organizations with standing to oppose the granting of the permit and who have participated in administrative proceedings regarding the permit, have an action for damages to obtain relief from acts of an agency which are arbitrary, capricious, unlawful, or exceed lawful authority, or relief from a failure to act within time limits established by law: PROVIDED, That the action is unlawful or in excess of lawful authority only if the final decision of the agency was made with knowledge of its unlawfulness or that it was in excess of lawful authority, or it should reasonably have been known to have been unlawful or in excess of lawful authority.
(2) The prevailing party in an action brought pursuant to this chapter may be entitled to reasonable costs and attorney's fees.
(3) No cause of action is created for relief from unintentional procedural or ministerial errors of an agency.
(4) Invalidation of any regulation in effect prior to the date an application for a permit is filed with the agency shall not constitute a cause of action under this chapter.
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