reglab/housing_qa huggingface dataset:
WA Rev Code § 36.70C.020 (2021)
2021 Revised Code of Washington|Title 36 - Counties|Chapter 36.70C - Judicial Review of Land Use Decisions.|36.70C.020 - Definitions.

RCW 36.70C.020 Definitions.Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Energy overlay zone" means a formal plan enacted by the county legislative authority that establishes suitable areas for siting renewable resource projects based on currently available resources and existing infrastructure with sensitivity to adverse environmental impact.(2) "Land use decision" means a final determination by a local jurisdiction's body or officer with the highest level of authority to make the determination, including those with authority to hear appeals, on:(a) An application for a project permit or other governmental approval required by law before real property may be improved, developed, modified, sold, transferred, or used, but excluding applications for permits or approvals to use, vacate, or transfer streets, parks, and similar types of public property; excluding applications for legislative approvals such as area-wide rezones and annexations; and excluding applications for business licenses;(b) An interpretative or declaratory decision regarding the application to a specific property of zoning or other ordinances or rules regulating the improvement, development, modification, maintenance, or use of real property; and(c) The enforcement by a local jurisdiction of ordinances regulating the improvement, development, modification, maintenance, or use of real property. However, when a local jurisdiction is required by law to enforce the ordinances in a court of limited jurisdiction, a petition may not be brought under this chapter.Where a local jurisdiction allows or requires a motion for reconsideration to the highest level of authority making the determination, and a timely motion for reconsideration has been filed, the land use decision occurs on the date a decision is entered on the motion for reconsideration, and not the date of the original decision for which the motion for reconsideration was filed.(3) "Local jurisdiction" means a county, city, or incorporated town.(4) "Person" means an individual, partnership, corporation, association, public or private organization, or governmental entity or agency.(5) "Renewable resources" has the same meaning provided in RCW 19.280.020.[ 2010 c 59 § 1; 2009 c 419 § 1; 1995 c 347 § 703.]
WA Rev Code § 36.70C.030 (2021)
2021 Revised Code of Washington|Title 36 - Counties|Chapter 36.70C - Judicial Review of Land Use Decisions.|36.70C.030 - Chapter exclusive means of judicial review of land use decisions—Exceptions.

RCW 36.70C.030 Chapter exclusive means of judicial review of land use decisions—Exceptions.(1) This chapter replaces the writ of certiorari for appeal of land use decisions and shall be the exclusive means of judicial review of land use decisions, except that this chapter does not apply to:(a) Judicial review of:(i) Land use decisions made by bodies that are not part of a local jurisdiction;(ii) Land use decisions of a local jurisdiction that are subject to review by a quasi-judicial body created by state law, such as the shorelines hearings board or the growth management hearings board;(b) Judicial review of applications for a writ of mandamus or prohibition; or(c) Claims provided by any law for monetary damages or compensation. If one or more claims for damages or compensation are set forth in the same complaint with a land use petition brought under this chapter, the claims are not subject to the procedures and standards, including deadlines, provided in this chapter for review of the petition. The judge who hears the land use petition may, if appropriate, preside at a trial for damages or compensation.(2) The superior court civil rules govern procedural matters under this chapter to the extent that the rules are consistent with this chapter.[ 2010 1st sp.s. c 7 § 38; 2003 c 393 § 17; 1995 c 347 § 704.]NOTES:Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
WA Rev Code § 36.70C.050 (2021)
2021 Revised Code of Washington|Title 36 - Counties|Chapter 36.70C - Judicial Review of Land Use Decisions.|36.70C.050 - Joinder of parties.

RCW 36.70C.050 Joinder of parties.If the applicant for the land use approval is not the owner of the real property at issue, and if the owner is not accurately identified in the records referred to in RCW 36.70C.040(2) (b) and (c), the applicant shall be responsible for promptly securing the joinder of the owners. In addition, within fourteen days after service each party initially named by the petitioner shall disclose to the other parties the name and address of any person whom such party knows may be needed for just adjudication of the petition, and the petitioner shall promptly name and serve any such person whom the petitioner agrees may be needed for just adjudication. If such a person is named and served before the initial hearing, leave of court for the joinder is not required, and the petitioner shall provide the newly joined party with copies of the pleadings filed before the party's joinder. Failure by the petitioner to name or serve, within the time required by RCW 36.70C.040(3), persons who are needed for just adjudication but who are not identified in the records referred to in RCW 36.70C.040(2)(b), or in RCW 36.70C.040(2)(c) if applicable, shall not deprive the court of jurisdiction to hear the land use petition.[ 1995 c 347 § 706.]
WA Rev Code § 36.70C.060 (2021)
2021 Revised Code of Washington|Title 36 - Counties|Chapter 36.70C - Judicial Review of Land Use Decisions.|36.70C.060 - Standing.

RCW 36.70C.060 Standing.Standing to bring a land use petition under this chapter is limited to the following persons:(1) The applicant and the owner of property to which the land use decision is directed;(2) Another person aggrieved or adversely affected by the land use decision, or who would be aggrieved or adversely affected by a reversal or modification of the land use decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present:(a) The land use decision has prejudiced or is likely to prejudice that person;(b) That person's asserted interests are among those that the local jurisdiction was required to consider when it made the land use decision;(c) A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the land use decision; and(d) The petitioner has exhausted his or her administrative remedies to the extent required by law.[ 1995 c 347 § 707.]
WA Rev Code § 36.70C.070 (2021)
2021 Revised Code of Washington|Title 36 - Counties|Chapter 36.70C - Judicial Review of Land Use Decisions.|36.70C.070 - Land use petition—Required elements.

RCW 36.70C.070 Land use petition—Required elements.A land use petition must set forth:(1) The name and mailing address of the petitioner;(2) The name and mailing address of the petitioner's attorney, if any;(3) The name and mailing address of the local jurisdiction whose land use decision is at issue;(4) Identification of the decision-making body or officer, together with a duplicate copy of the decision, or, if not a written decision, a summary or brief description of it;(5) Identification of each person to be made a party under RCW 36.70C.040(2) (b) through (d);(6) Facts demonstrating that the petitioner has standing to seek judicial review under RCW 36.70C.060;(7) A separate and concise statement of each error alleged to have been committed;(8) A concise statement of facts upon which the petitioner relies to sustain the statement of error; and(9) A request for relief, specifying the type and extent of relief requested.[ 1995 c 347 § 708.]
WA Rev Code § 36.70C.080 (2021)
2021 Revised Code of Washington|Title 36 - Counties|Chapter 36.70C - Judicial Review of Land Use Decisions.|36.70C.080 - Initial hearing.

RCW 36.70C.080 Initial hearing.(1) Within seven days after the petition is served on the parties identified in RCW 36.70C.040(2), the petitioner shall note, according to the local rules of superior court, an initial hearing on jurisdictional and preliminary matters. This initial hearing shall be set no sooner than thirty-five days and no later than fifty days after the petition is served on the parties identified in RCW 36.70C.040(2).(2) The parties shall note all motions on jurisdictional and procedural issues for resolution at the initial hearing, except that a motion to allow discovery may be brought sooner. Where confirmation of motions is required, each party shall be responsible for confirming its own motions.(3) The defenses of lack of standing, untimely filing or service of the petition, and failure to join persons needed for just adjudication are waived if not raised by timely motion noted to be heard at the initial hearing, unless the court allows discovery on such issues.(4) The petitioner shall move the court for an order at the initial hearing that sets the date on which the record must be submitted, sets a briefing schedule, sets a discovery schedule if discovery is to be allowed, and sets a date for the hearing or trial on the merits.(5) The parties may waive the initial hearing by scheduling with the court a date for the hearing or trial on the merits and filing a stipulated order that resolves the jurisdictional and procedural issues raised by the petition, including the issues identified in subsections (3) and (4) of this section.(6) A party need not file an answer to the petition.[ 1995 c 347 § 709.]
WA Rev Code § 36.70C.090 (2021)
2021 Revised Code of Washington|Title 36 - Counties|Chapter 36.70C - Judicial Review of Land Use Decisions.|36.70C.090 - Expedited review.

RCW 36.70C.090 Expedited review.The court shall provide expedited review of petitions filed under this chapter. The matter must be set for hearing within sixty days of the date set for submitting the local jurisdiction's record, absent a showing of good cause for a different date or a stipulation of the parties.[ 1995 c 347 § 710.]
WA Rev Code § 36.70C.100 (2021)
2021 Revised Code of Washington|Title 36 - Counties|Chapter 36.70C - Judicial Review of Land Use Decisions.|36.70C.100 - Stay of action pending review.

RCW 36.70C.100 Stay of action pending review.(1) A petitioner or other party may request the court to stay or suspend an action by the local jurisdiction or another party to implement the decision under review. The request must set forth a statement of grounds for the stay and the factual basis for the request.(2) A court may grant a stay only if the court finds that:(a) The party requesting the stay is likely to prevail on the merits;(b) Without the stay the party requesting it will suffer irreparable harm;(c) The grant of a stay will not substantially harm other parties to the proceedings; and(d) The request for the stay is timely in light of the circumstances of the case.(3) The court may grant the request for a stay upon such terms and conditions, including the filing of security, as are necessary to prevent harm to other parties by the stay.[ 1995 c 347 § 711.]
WA Rev Code § 36.70C.110 (2021)
2021 Revised Code of Washington|Title 36 - Counties|Chapter 36.70C - Judicial Review of Land Use Decisions.|36.70C.110 - Record for judicial review—Costs.

RCW 36.70C.110 Record for judicial review—Costs.(1) Within forty-five days after entry of an order to submit the record, or within such a further time as the court allows or as the parties agree, the local jurisdiction shall submit to the court a certified copy of the record for judicial review of the land use decision, except that the petitioner shall prepare at the petitioner's expense and submit a verbatim transcript of any hearings held on the matter.(2) If the parties agree, or upon order of the court, the record shall be shortened or summarized to avoid reproduction and transcription of portions of the record that are duplicative or not relevant to the issues to be reviewed by the court.(3) The petitioner shall pay the local jurisdiction the cost of preparing the record before the local jurisdiction submits the record to the court. Failure by the petitioner to timely pay the local jurisdiction relieves the local jurisdiction of responsibility to submit the record and is grounds for dismissal of the petition.(4) If the relief sought by the petitioner is granted in whole or in part the court shall equitably assess the cost of preparing the record among the parties. In assessing costs the court shall take into account the extent to which each party prevailed and the reasonableness of the parties' conduct in agreeing or not agreeing to shorten or summarize the record under subsection (2) of this section.[ 1995 c 347 § 712.]
WA Rev Code § 36.70C.120 (2021)
2021 Revised Code of Washington|Title 36 - Counties|Chapter 36.70C - Judicial Review of Land Use Decisions.|36.70C.120 - Scope of review—Discovery.

RCW 36.70C.120 Scope of review—Discovery.(1) When the land use decision being reviewed was made by a quasi-judicial body or officer who made factual determinations in support of the decision and the parties to the quasi-judicial proceeding had an opportunity consistent with due process to make a record on the factual issues, judicial review of factual issues and the conclusions drawn from the factual issues shall be confined to the record created by the quasi-judicial body or officer, except as provided in subsections (2) through (4) of this section.(2) For decisions described in subsection (1) of this section, the record may be supplemented by additional evidence only if the additional evidence relates to:(a) Grounds for disqualification of a member of the body or of the officer that made the land use decision, when such grounds were unknown by the petitioner at the time the record was created;(b) Matters that were improperly excluded from the record after being offered by a party to the quasi-judicial proceeding; or(c) Matters that were outside the jurisdiction of the body or officer that made the land use decision.(3) For land use decisions other than those described in subsection (1) of this section, the record for judicial review may be supplemented by evidence of material facts that were not made part of the local jurisdiction's record.(4) The court may require or permit corrections of ministerial errors or inadvertent omissions in the preparation of the record.(5) The parties may not conduct pretrial discovery except with the prior permission of the court, which may be sought by motion at any time after service of the petition. The court shall not grant permission unless the party requesting it makes a prima facie showing of need. The court shall strictly limit discovery to what is necessary for equitable and timely review of the issues that are raised under subsections (2) and (3) of this section. If the court allows the record to be supplemented, the court shall require the parties to disclose before the hearing or trial on the merits the specific evidence they intend to offer. If any party, or anyone acting on behalf of any party, requests records under chapter 42.56 RCW relating to the matters at issue, a copy of the request shall simultaneously be given to all other parties and the court shall take such request into account in fashioning an equitable discovery order under this section.[ 2005 c 274 § 273; 1995 c 347 § 713.]
WA Rev Code § 36.70C.130 (2021)
2021 Revised Code of Washington|Title 36 - Counties|Chapter 36.70C - Judicial Review of Land Use Decisions.|36.70C.130 - Standards for granting relief—Renewable resource projects within energy overlay zones.

RCW 36.70C.130 Standards for granting relief—Renewable resource projects within energy overlay zones.(1) The superior court, acting without a jury, shall review the record and such supplemental evidence as is permitted under RCW 36.70C.120. The court may grant relief only if the party seeking relief has carried the burden of establishing that one of the standards set forth in (a) through (f) of this subsection has been met. The standards are:(a) The body or officer that made the land use decision engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless;(b) The land use decision is an erroneous interpretation of the law, after allowing for such deference as is due the construction of a law by a local jurisdiction with expertise;(c) The land use decision is not supported by evidence that is substantial when viewed in light of the whole record before the court;(d) The land use decision is a clearly erroneous application of the law to the facts;(e) The land use decision is outside the authority or jurisdiction of the body or officer making the decision; or(f) The land use decision violates the constitutional rights of the party seeking relief.(2) In order to grant relief under this chapter, it is not necessary for the court to find that the local jurisdiction engaged in arbitrary and capricious conduct. A grant of relief by itself may not be deemed to establish liability for monetary damages or compensation.(3) Land use decisions made by a local jurisdiction concerning renewable resource projects within a county energy overlay zone are presumed to be reasonable if they are in compliance with the requirements and standards established by local ordinance for that zone. However, for land use decisions concerning wind power generation projects, either:(a) The local ordinance for that zone is consistent with the department of fish and wildlife's wind power guidelines; or(b) The local jurisdiction prepared an environmental impact statement under chapter 43.21C RCW on the energy overlay zone; and(i) The local ordinance for that zone requires project mitigation, as addressed in the environmental impact statement and consistent with local, state, and federal law;(ii) The local ordinance for that zone requires site specific fish and wildlife and cultural resources analysis; and(iii) The local jurisdiction has adopted an ordinance that addresses critical areas under chapter 36.70A RCW.(4) If a local jurisdiction has taken action and adopted local ordinances consistent with subsection (3)(b) of this section, then wind power generation projects permitted consistently with the energy overlay zone are deemed to have adequately addressed their environmental impacts as required under chapter 43.21C RCW.[ 2009 c 419 § 2; 1995 c 347 § 714.]
WA Rev Code § 36.70C.140 (2021)
2021 Revised Code of Washington|Title 36 - Counties|Chapter 36.70C - Judicial Review of Land Use Decisions.|36.70C.140 - Decision of the court.

RCW 36.70C.140 Decision of the court.The court may affirm or reverse the land use decision under review or remand it for modification or further proceedings. If the decision is remanded for modification or further proceedings, the court may make such an order as it finds necessary to preserve the interests of the parties and the public, pending further proceedings or action by the local jurisdiction.[ 1995 c 347 § 715.]
WA Rev Code § 36.70C.150 (2021)
2021 Revised Code of Washington|Title 36 - Counties|Chapter 36.70C - Judicial Review of Land Use Decisions.|36.70C.150 - Transferring judicial review to court of appeals.

RCW 36.70C.150 Transferring judicial review to court of appeals. (Expires June 30, 2026.)(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.(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.[ 2021 c 305 § 1.]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.]
WA Rev Code § 36.70C.900 (2021)
2021 Revised Code of Washington|Title 36 - Counties|Chapter 36.70C - Judicial Review of Land Use Decisions.|36.70C.900 - Finding—Severability—Part headings and table of contents not law—1995 c 347.

RCW 36.70C.900 Finding—Severability—Part headings and table of contents not law—1995 c 347.See notes following RCW 36.70A.470.
WA Rev Code § 36.71.010 (2021)
2021 Revised Code of Washington|Title 36 - Counties|Chapter 36.71 - Peddlers' and Hawkers' Licenses.|36.71.010 - Peddler's license—"Peddler" defined.

RCW 36.71.010 Peddler's license—"Peddler" defined.The term "peddler" for the purpose of this chapter includes all persons, both principals and agents, who go from place to place and house to house, carrying for sale and offering for sale or exposal for sale, goods, wares, or merchandise except agricultural, horticultural, or farm products, which they may grow or raise, and except vendors of books, periodicals, or newspapers: PROVIDED, That nothing in this chapter shall apply to peddlers within the limits of any city or town which by ordinance regulates the sale of goods, wares, or merchandise by peddlers.[ 1963 c 4 § 36.71.010. Prior: 1929 c 110 § 1; 1909 c 214 § 1; RRS § 8353.]
WA Rev Code § 36.71.020 (2021)
2021 Revised Code of Washington|Title 36 - Counties|Chapter 36.71 - Peddlers' and Hawkers' Licenses.|36.71.020 - Peddler's license—Application for and issuance of license.

RCW 36.71.020 Peddler's license—Application for and issuance of license.Every peddler, before commencing business in any county of the state, shall apply in writing and under oath to the appropriate county official of the county in which he or she proposes to operate for a county license. The application must state the names and residences of the owners or parties in whose interest the business is to be conducted. The applicant at the same time shall file a true statement under oath of the quantity and value of the stock of goods, wares, and merchandise that is in the county for sale or to be kept or exposed for sale in the county, make a special deposit of five hundred dollars, and pay the county license fee as may be fixed under the authority of RCW 36.32.120(3).The appropriate county official shall thereupon issue to the applicant a peddler's license, authorizing him or her to do business in the county for the term of one year from the date thereof. Every county license shall contain a copy of the application therefor, shall not be transferable, and shall not authorize more than one person to sell goods as a peddler, either by agent or clerk, or in any other way than his or her own proper person.[ 2009 c 549 § 4121; 1985 c 91 § 3; 1963 c 4 § 36.71.020. Prior: 1927 c 89 § 1; 1909 c 214 § 3; RRS § 8355.]
WA Rev Code § 36.71.030 (2021)
2021 Revised Code of Washington|Title 36 - Counties|Chapter 36.71 - Peddlers' and Hawkers' Licenses.|36.71.030 - Peddler's license—Record of applications.

RCW 36.71.030 Peddler's license—Record of applications.The appropriate county official of each county shall keep on file all applications for peddlers' licenses that are issued. All files and records shall be in convenient form and open to public inspection.[ 1985 c 91 § 4; 1963 c 4 § 36.71.030. Prior: 1909 c 214 § 4; RRS § 8356.]