BILL REQ. #:  H-1802.1 

Read first time 02/14/2007.   Referred to Committee on Judiciary.

     AN ACT Relating to a court's application of equitable principles in land use cases; and adding a new section to chapter 36.70C RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 36.70C RCW to read as follows:
     An applicant for a land use permit or approval who proceeds with construction after the permit or approval has been challenged under RCW 36.70C.040, but before a court has made a decision under RCW 36.70C.140, does so at the applicant's own risk. A court is not required to apply the common law doctrine of balancing the equities if doing so would reward a land use applicant for proceeding under an unlawful land use decision.