64.40.020 - Applicant for permit -- Actions for damages from governmental actions. - Washington Statutes

Applicant for permit — Actions for damages from governmental actions.

(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.

     (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.