Revised Code of Washington

Wash. Rev. Code § 57.16.090 (2026)

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✓ current as of May 2026
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The decision of the district board of commissioners upon any objections made within the time and in the manner herein prescribed may be reviewed by the superior court upon an appeal thereto taken in the following manner. The appeal shall be made by filing written notice of appeal with the secretary of the board of commissioners and with the clerk of the superior court in the county in which the real property is situated within ten days after publication of a notice that the resolution confirming such assessment roll has been adopted, and such notice of appeal shall describe the property and set forth the objections of such appellant to such assessment. Within ten days from the filing of such notice of appeal with the clerk of the superior court, the appellant shall file with the clerk of the court a transcript consisting of the assessment roll and the appellant's objections thereto, together with the resolution confirming the assessment roll and the record of the district commissioners with reference to the assessment. The transcript, upon payment of the necessary fees therefor, shall be furnished by the secretary of the board of commissioners and shall be certified by the secretary to contain full, true, and correct copies of all matters and proceedings required to be included in such transcript. Such fees shall be the same as the fees payable to the county clerk for the preparation and certification of transcripts on appeal to the supreme court or the court of appeals in civil actions. At the time of the filing of the notice of appeal with the clerk of the superior court, the appellant shall file a sufficient bond in the penal sum of two hundred dollars, with at least two sureties, to be approved by the judge of the court, conditioned to prosecute such appeal without delay, and if unsuccessful to pay all costs to which the district is put by reason of such appeal. The court may order the appellant, upon application therefor, to execute and file such additional bond or bonds as the necessity of the case may require. Within three days after such transcript is filed in the superior court, the appellant shall give written notice to the secretary of the district that such transcript is filed. The notice shall state a time, not less than three days from the service thereof, when the appellant will call up the cause for hearing. The superior court shall, at such time or at such further time as may be fixed by order of the court, hear and determine such appeal without a jury. The appeal shall have preference over all civil causes pending in the court, except eminent domain proceedings and actions of forcible entry and detainer. The judgment of the court shall confirm, unless the court shall find from the evidence that such assessment is either founded upon a fundamentally wrong basis or a decision of the board of commissioners thereon was arbitrary or capricious, or both, in which event the judgment of the court shall correct, modify, or annul the assessment insofar as it affects the property of the appellant. A certified copy of the decision of the court shall be filed with the officer who shall have custody of the assessment roll, who shall modify and correct the assessment roll in accordance with such decision. Appellate review of the judgment of the superior court may be sought as in other civil cases. However, the appeal must be sought within fifteen days after the date of the entry of the judgment of such superior court. A certified copy of the order of the supreme court or the court of appeals upon such appeal shall be filed with the officer having custody of the assessment roll, who shall thereupon modify and correct the assessment roll in accordance with the decision.
[ 1996 c 230 s 609; 1991 c 190 s 8; 1988 c 202 s 53; 1982 1st ex.s. c 17 s 18; 1971 c 81 s 126; 1965 ex.s. c 39 s 2; 1929 c 114 s 13; RRS s 11591. Cf. 1913 c 161 s 13.]

Notes:

Rules of court: Cf. RAP 5.2, 18.22.
Part headings not lawEffective date1996 c 230: See notes following RCW 57.02.001.
Severability1988 c 202: See note following RCW 2.24.050.
Notes of Decisions
Cited in 6 cases, 1958–2017 · leading case: Fisher Bros. Corp. v. Des Moines Sewer Dist., 643 P.2d 436 (Wash. 1982).
Fisher Bros. Corp. v. Des Moines Sewer Dist., 643 P.2d 436 (Wash. 1982). “We have decided with regard to RCW 57.16.090 that the bond provision "relates to the individual property owners making objection to the assessment against their specific property.”
Peterson v. Cascade Sewer Dist., 582 P.2d 895 (Wash. Ct. App. 1978). · cites it 2× “080 provides that the person appealing from the confirmation of the assessment roll must, among other steps, post a $200 bond at the time of filing the notice of appeal with the clerk of the superior court.”
Fleury v. Water Dist. No. 2, 333 P.2d 670 (Wash. 1958). “RCW 57.16.090 relates to the individual property owners making objection to the assessment against their specific property.”
Michael L. Darland, et ux v. Snoqualmie Pass Util. Dist. (Wash. Ct. App. 2017). · cites it 2× “To the extent [the] Darland[s] appeals the dismissal of their claims on the basis that they are barred by RCW 57.16.090, the District cross-appeals the order of Judge Cooper which dismissed the District's similar motion in 2005.”
Cusack v. Kitsap Cnty. Water Dist. No. 16, 488 P.2d 770 (Wash. Ct. App. 1971). · cites it 2× “Many of those whose written objections to the assessments had been rejected by the Board filed a timely and proper appeal in the superior court pursuant to RCW 57.16.090. As to those, the trial court essentially granted the relief sought and they are not parties to this appeal.”
In Re Util. Local Imp. Dist., 333 P.2d 670 (Wash. 1958). “RCW 57.16.090 relates to the individual property owners making objection to the assessment against their specific property.”
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