Wash. Rev. Code » Title 36 · Chapter 36.70C
Revised Code of Washington

Wash. Rev. Code § 36.70C.100 (2026)

Stay of action pending review

✓ current as of May 2026
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(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 s 711.]
Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 2003–2021 · leading case: Pinecrest Homeowners Ass'n v. Glen A. Cloninger & Assocs., 151 Wash. 2d 279 (Wash. 2004).
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Pinecrest Homeowners Ass'n v. Glen A. Cloninger & Assocs., 151 Wash. 2d 279 (Wash. 2004). · cites it 2× “The Court of Appeals correctly concluded that RCW 36.70C.100 did not require Pinecrest to request a stay.”
Pinecrest Homeowners Ass'n v. GLEN A. CLONINGER & ASS'N, 87 P.3d 1176 (Wash. 2004). · cites it 2× “The Court of Appeals correctly concluded that RCW 36.70C.100 did not require Pinecrest to request a stay.”
Pinecrest Homeowners Ass'n v. GLEN A. CLONINGER ASS'N, 62 P.3d 938 (Wash. Ct. App. 2003). · cites it 3× “They do not provide the necessary certainty to avoid arbitrary land use decisions. CONCLUSION We agree with the Homeowners that RCW 36.”
Asche v. Bloomquist, 133 P.3d 475 (Wash. Ct. App. 2006). “RCW 36.70C.100. And if the superior court reverses the decision, LUPA allows the court the power to “make such an order as it finds necessary to preserve the interests of the parties and the public.”
Asche v. Bloomquist, 133 P.3d 475 (Wash. Ct. App. 2006). “RCW 36.70C.100. And if the superior court reverses the decision, LUPA allows the court the power to "make such an order as it finds necessary to preserve the interests of the parties and the public.”
Pinecrest Homeowners Ass'n v. Glen A. Cloninger & Assocs., 115 Wash. App. 611 (Wash. Ct. App. 2003). · cites it 2× “They do not provide the necessary certainty to avoid arbitrary land use decisions. CONCLUSION We agree with the Homeowners that RCW 36.”
Kelly v. Cnty. of Chelan, 185 P.3d 1224 (Wash. Ct. App. 2008). · cites it 5× “¶ 26 The rules applicable to a stay of a LUPA action pending appeal are governed by RCW 36.70C.100. [2] It provides: "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.”
Kelly v. Chelan Cnty., 145 Wash. App. 166 (Wash. Ct. App. 2008). · cites it 5× “*175 ¶26 The rules applicable to a stay of a LUPA action pending appeal are governed by RCW 36.70C.100. 2 It provides, “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…”
Kelly v. Cnty. of Chelan, 224 P.3d 769 (Wash. 2010). · cites it 3× “Because a party to a LUPA appeal may seek a stay of an action pending review pursuant to RCW 36.70C.100, the neighbors argue a "party must affirmatively seek such relief under RCW 36.”
Kelly v. Chelan Cnty., 167 Wash. 2d 867 (Wash. 2010). · cites it 2× “Because a party to a LUPA appeal may seek a stay of an action pending review pursuant to RCW 36.70C.100, the neighbors argue a “party must affirmatively seek such relief under RCW 36.”
City of Selah v. Steve Owens & Janet Owens (Wash. Ct. App. 2021). · cites it 2× “RCW 36.70C.100. The quoted provisions of LUPA show that the legislature did not intend the act to apply to the city of Selah’s suit to abate a nuisance regardless of whether the city earlier issued a notice of noncompliance and Steve and Janet Owens appealed the notice.”
Toward Responsible Dev., App. v. City Of Black Diamond, Res. (Wash. Ct. App. 2014). “TRD, a citizens group opposed to the developments, appealed the MPD permits to the City's hearing examiner, arguing that the environmental impact statements upon which they were based were inadequate. The hearing examiner upheld the permits, and on October 11, 2010, TRD filed a…”
— Wash. Rev. Code § 36.70C.100(1) — 8 cases
Pinecrest Homeowners Ass'n v. Glen A. Cloninger & Assocs., 151 Wash. 2d 279 (Wash. 2004). “The Court of Appeals correctly concluded that RCW 36.70C.100 did not require Pinecrest to request a stay.”
Pinecrest Homeowners Ass'n v. GLEN A. CLONINGER & ASS'N, 87 P.3d 1176 (Wash. 2004). “The Court of Appeals correctly concluded that RCW 36.70C.100 did not require Pinecrest to request a stay.”
Pinecrest Homeowners Ass'n v. GLEN A. CLONINGER ASS'N, 62 P.3d 938 (Wash. Ct. App. 2003). “They do not provide the necessary certainty to avoid arbitrary land use decisions. CONCLUSION We agree with the Homeowners that RCW 36.”
Pinecrest Homeowners Ass'n v. Glen A. Cloninger & Assocs., 115 Wash. App. 611 (Wash. Ct. App. 2003). “They do not provide the necessary certainty to avoid arbitrary land use decisions. CONCLUSION We agree with the Homeowners that RCW 36.”
Kelly v. Cnty. of Chelan, 185 P.3d 1224 (Wash. Ct. App. 2008). “¶ 26 The rules applicable to a stay of a LUPA action pending appeal are governed by RCW 36.70C.100. [2] It provides: "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.”
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