Wash. Rev. Code » Title 42 · Chapter 42.36

Wash. Rev. Code § 42.36.010

Local land use decisions

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Application of the appearance of fairness doctrine to local land use decisions shall be limited to the quasi-judicial actions of local decision-making bodies as defined in this section. Quasi-judicial actions of local decision-making bodies are those actions of the legislative body, planning commission, hearing examiner, zoning adjuster, board of adjustment, or boards which determine the legal rights, duties, or privileges of specific parties in a hearing or other contested case proceeding. Quasi-judicial actions do not include the legislative actions adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning amendment that is of area-wide significance.
[ 1982 c 229 s 1.]
Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1985–2023 · leading case: Raynes v. City of Leavenworth
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Raynes v. City of Leavenworth (1992) wash · cites it 9× “040, the writ of review statute, and that the actions were also legislative within the meaning of RCW 42.36.010 and RCW 42.36.030, the appearance of fairness statute.”
In re the Recall of Ackerson (2001) wash · cites it 2× “RCW 42.36.010. The appearance of fairness doctrine does not apply to legislative acts like the amendment of area-wide zoning ordinances.”
In Re Ackerson (2001) wash · cites it 2× “RCW 42.36.010. The appearance of fairness doctrine does not apply to legislative acts like the amendment of area-wide zoning ordinances.”
King County v. Central Puget Sound Growth Management Hearings Board (1998) washctapp · cites it 2× “86 RCW 42.36.010, .030. 87 City of Bellevue v.”
Sheng-Yen Lu v. King County (2002) washctapp “RCW 42.36.010 (“Quasi-judicial actions of local decision-making bodies Eire those actions of the legislative body, planning commission, hearing examiner, zoning adjuster, board of adjustment, or boards which determine the legal rights, duties, or privileges of specific parties…”
Grandmaster Sheng-Yen Lu v. King County (2002) washctapp “[48] RCW 42.36.010 ( ... "Quasi-judicial actions of local decision-making bodies are those actions of the legislative body, planning commission, hearing examiner, zoning adjuster, board of adjustment, or boards which determine the legal rights, duties, or privileges of specific…”
Snohomish County Improvement Alliance v. Snohomish County (1991) washctapp · cites it 4× “APPEARANCE OF FAIRNESS SCIA contends that the campaign contributions received by councilmembers Bartholomew and Britton from interested persons during the pendency of Phoenix's appeal to the County Council constituted a prehearing contact prohibited by SCC 2.02.070 and also…”
Zehring v. City of Bellevue (1985) wash · cites it 2× “Quasi-judicial actions of local decisionmaking bodies include planning commission actions which determine the legal rights, duties or privileges of specific parties in a hearing or other contested case proceedings.”
City of Burien v. Central Puget Sound Growth Management Hearings Bd. (2002) washctapp “RCW 42.36.010 (emphasis added). See also Twin Falls v.”
Jones v. King County (1994) washctapp · cites it 4× “6 RCW 42.36.010 defines what local land use decisions should and should not be considered quasi judicial: Quasi-judicial actions of local decision-making bodies are those actions of the legislative body, planning commission, hearing examiner, zoning adjuster, board of…”
Belcher v. Kitsap County (1991) washctapp “RCW 42.36.010. The doctrine does not apply in this case.”
City of Burien v. Central Puget Sound Growth Management Hearings Board (2002) washctapp “*386 RCW 42.36.010 (emphasis added). See also Twin Falls v.”
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