Washington Code 64.40.020 – Applicant for permit — Actions for damages from governmental actions
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(1) Owners of a property interest who have filed an application for a 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.
Terms Used In Washington Code 64.40.020
- Act: means a final decision by an agency which places requirements, limitations, or conditions upon the use of real property in excess of those allowed by applicable regulations in effect on the date an application for a permit is filed. See Washington Code 64.40.010
- Agency: means the state of Washington, any of its political subdivisions, including any city, town, or county, and any other public body exercising regulatory authority or control over the use of real property in the state. See Washington Code 64.40.010
- Permit: means any governmental approval required by law before an owner of a property interest may improve, sell, transfer, or otherwise put real property to use. See Washington Code 64.40.010
- Property interest: means any interest or right in real property in the state. See Washington Code 64.40.010
- Regulation: means any ordinance, resolution, or other rule or regulation adopted pursuant to the authority provided by state law, which imposes or alters restrictions, limitations, or conditions on the use of real property. See Washington Code 64.40.010
(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.
[ 1982 c 232 § 2.]
NOTES:
Findings—Recommendations—Reports encouraged—2007 c 231: See note following RCW 43.155.070.