(1) The superior court may transfer the judicial review of a land use decision to the court of appeals upon finding that all parties have consented to the transfer to the court of appeals and agreed that the judicial review can occur based upon an existing record. Transfer of cases pursuant to this section does not require the filing of a motion for discretionary review with the court of appeals.

Terms Used In Washington Code 36.70C.150

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
(2) Upon stipulation and consent to transfer, the parties waive the right to seek an award of attorneys’ fees and costs under RCW 4.84.370, except as may be awarded following an appeal to the supreme court.
(3) RCW 36.70C.090 does not apply to a matter transferred to the court of appeals pursuant to this section.
(4) This section expires June 30, 2026.

NOTES:

Effective date—2021 c 305: “Except for sections 5 and 6 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect 30 days after signed into law [June 13, 2021].” [ 2021 c 305 § 7.]
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