Revised Code of Washington
Wash. Rev. Code § 64.40.010 (2026)
✓ current as of May 2026
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As used in this chapter, the terms in this section shall have the meanings indicated unless the context clearly requires otherwise.
(1) "Agency" means the state of Washington, any of its political subdivisions, including any city, town, or county, and any other public body exercising regulatory authority or control over the use of real property in the state.
(2) "Permit" means any governmental approval required by law before an owner of a property interest may improve, sell, transfer, or otherwise put real property to use.
(3) "Property interest" means any interest or right in real property in the state.
(4) "Damages" means reasonable expenses and losses, other than speculative losses or profits, incurred between the time a cause of action arises and the time a holder of an interest in real property is granted relief as provided in RCW 64.40.020. Damages must be caused by an act, necessarily incurred, and actually suffered, realized, or expended, but are not based upon diminution in value of or damage to real property, or litigation expenses.
(5) "Regulation" means any ordinance, resolution, or other rule or regulation adopted pursuant to the authority provided by state law, which imposes or alters restrictions, limitations, or conditions on the use of real property.
(6) "Act" means a final decision by an agency which places requirements, limitations, or conditions upon the use of real property in excess of those allowed by applicable regulations in effect on the date an application for a permit is filed. "Act" also means the failure of an agency to act within time limits established by law in response to a property owner's application for a permit: PROVIDED, That there is no "act" within the meaning of this section when the owner of a property interest agrees in writing to extensions of time, or to the conditions or limitations imposed upon an application for a permit. "Act" shall not include lawful decisions of an agency which are designed to prevent a condition which would constitute a threat to the health, safety, welfare, or morals of residents in the area.
In any action brought pursuant to this chapter, a defense is available to a political subdivision of this state that its act was mandated by a change in statute or state rule or regulation and that such a change became effective subsequent to the filing of an application for a permit.
[ 1982 c 232 s 1.]
Notes of Decisions
Cited in 30
cases (2 in the last 5 years), 1986–2025 · leading case: Lutheran Day Care v. Snohomish Cnty., 829 P.2d 746 (Wash. 1992).
Lutheran Day Care v. Snohomish Cnty., 829 P.2d 746 (Wash. 1992). “Agency is defined in RCW 64.40.010(1) as "the state of Washington, any of its political subdivisions, including any city, town, or county, and any other public body exercising regulatory authority or control over the use of real property in the state.”
Manna Funding, LLC v. Kittitas Cnty., 295 P.3d 1197 (Wash. Ct. App. 2013). “) ¶13 The definitions section in RCW 64.40.010 includes the following: (2) “Permit” means any governmental approval required by law before an owner of a property interest may improve, sell, transfer, or otherwise put real property to use.”
Birnbaum v. Pierce Cnty., 274 P.3d 1070 (Wash. Ct. App. 2012). “RCW 64.40.010(4). ¶9 Birnbaum makes claims under each statutory prong.”
Callfas v. Dep't of Constr. & Land Use, 120 P.3d 110 (Wash. Ct. App. 2005). “The court also addressed the argument that the Callfases had failed to meet the statutory limit for filing their suit: In the end, I found myself in agreement with the City Attorney’s analysis of the language, structure and policy of the statutes in question: RCW 64.40.010(6),…”
Wilson v. City of Seattle, 863 P.2d 1336 (Wash. 1993). “RCW 64.40.010(1). "Damages" mean reasonable expenses and losses incurred between the time a cause of action arises and relief is granted, but does not include speculative damages, diminution in value or damage to real property.”
Hayes v. City of Seattle, 131 Wash. 2d 706 (Wash. 1997). “” Thus, a claimant under the Washington statute does not have to establish either a vested right or "legitimate claim of entitlement” (Roth) to the action he or she desires the agency to take, as in a § 1983 claim; he or she need only establish an ownership interest in the…”
Cobb v. Snohomish Cnty., 935 P.2d 1384 (Wash. Ct. App. 1997). “" See RCW 64.40.010(4); see also Fleming v. County of Kane, 898 F.”
Mission Springs Inc. v. City of Spokane, 954 P.2d 250 (Wash. 1998). “Therefore we have rather a straightforward situation where clear legal rights of the *257 citizen were violated by city council members acting in excess of their lawful authority and by a City Manager acting in excess of his own lawful authority but at the urging of the City…”
Mission Springs, Inc. v. City of Spokane, 134 Wash. 2d 947 (Wash. 1998). “Therefore we have rather a straightforward situation where clear legal rights of the citizen were violated by city council members acting in excess of their lawful authority and by a City Manager acting in excess of his own lawful authority but at the urging of the City Council.…”
Hayes v. City of Seattle, 888 P.2d 1227 (Wash. Ct. App. 1995). “4 Our resolution of this issue makes it unnecessary to address the City’s argument that the Council’s action was not an "act” for purposes of RCW 64.40.010(6). " 'Act’ shall not include lawful decisions of an agency which are designed to prevent a condition which would…”
Hayes v. City of Seattle, 934 P.2d 1179 (Wash. 1997). “RCW 64.40.010(3) defines property interest as "any interest or right in real property in the state.”
Westway Constr., Inc. v. Benton Cnty., 151 P.3d 1005 (Wash. Ct. App. 2006). “RCW 64.40.010(3) defines “property interest” as “any interest or right in real property in the state.”
— Wash. Rev. Code § 64.40.010(1) — 7 cases
Lutheran Day Care v. Snohomish Cnty., 829 P.2d 746 (Wash. 1992). “Agency is defined in RCW 64.40.010(1) as "the state of Washington, any of its political subdivisions, including any city, town, or county, and any other public body exercising regulatory authority or control over the use of real property in the state.”
Mission Springs Inc. v. City of Spokane, 954 P.2d 250 (Wash. 1998). “Therefore we have rather a straightforward situation where clear legal rights of the *257 citizen were violated by city council members acting in excess of their lawful authority and by a City Manager acting in excess of his own lawful authority but at the urging of the City…”
Mission Springs, Inc. v. City of Spokane, 134 Wash. 2d 947 (Wash. 1998). “Therefore we have rather a straightforward situation where clear legal rights of the citizen were violated by city council members acting in excess of their lawful authority and by a City Manager acting in excess of his own lawful authority but at the urging of the City Council.…”
Wilson v. City of Seattle, 863 P.2d 1336 (Wash. 1993). “RCW 64.40.010(1). "Damages" mean reasonable expenses and losses incurred between the time a cause of action arises and relief is granted, but does not include speculative damages, diminution in value or damage to real property.”
Manna Funding, LLC v. Kittitas Cnty., 295 P.3d 1197 (Wash. Ct. App. 2013). “) ¶13 The definitions section in RCW 64.40.010 includes the following: (2) “Permit” means any governmental approval required by law before an owner of a property interest may improve, sell, transfer, or otherwise put real property to use.”
— Wash. Rev. Code § 64.40.010(2) — 4 cases
Manna Funding, LLC v. Kittitas Cnty., 295 P.3d 1197 (Wash. Ct. App. 2013). “) ¶13 The definitions section in RCW 64.40.010 includes the following: (2) “Permit” means any governmental approval required by law before an owner of a property interest may improve, sell, transfer, or otherwise put real property to use.”
Chelan Cnty. v. Nykreim, 105 Wash. App. 339 (Wash. Ct. App. 2001).
Chelan Cnty. v. Nykreim, 20 P.3d 416 (Wash. Ct. App. 2001).
Manna Funding, LLC v. Kittitas Cnty. (Wash. Ct. App. 2013).
— Wash. Rev. Code § 64.40.010(3) — 4 cases
Hayes v. City of Seattle, 131 Wash. 2d 706 (Wash. 1997). “” Thus, a claimant under the Washington statute does not have to establish either a vested right or "legitimate claim of entitlement” (Roth) to the action he or she desires the agency to take, as in a § 1983 claim; he or she need only establish an ownership interest in the…”
Hayes v. City of Seattle, 934 P.2d 1179 (Wash. 1997). “RCW 64.40.010(3) defines property interest as "any interest or right in real property in the state.”
Westway Constr., Inc. v. Benton Cnty., 151 P.3d 1005 (Wash. Ct. App. 2006). “RCW 64.40.010(3) defines “property interest” as “any interest or right in real property in the state.”
Westway Const., Inc. v. Benton Cnty., 151 P.3d 1005 (Wash. Ct. App. 2007).
— Wash. Rev. Code § 64.40.010(4) — 10 cases
Birnbaum v. Pierce Cnty., 274 P.3d 1070 (Wash. Ct. App. 2012). “RCW 64.40.010(4). ¶9 Birnbaum makes claims under each statutory prong.”
Cobb v. Snohomish Cnty., 935 P.2d 1384 (Wash. Ct. App. 1997). “" See RCW 64.40.010(4); see also Fleming v. County of Kane, 898 F.”
Wilson v. City of Seattle, 863 P.2d 1336 (Wash. 1993). “RCW 64.40.010(1). "Damages" mean reasonable expenses and losses incurred between the time a cause of action arises and relief is granted, but does not include speculative damages, diminution in value or damage to real property.”
Hayes v. City of Seattle, 131 Wash. 2d 706 (Wash. 1997). “” Thus, a claimant under the Washington statute does not have to establish either a vested right or "legitimate claim of entitlement” (Roth) to the action he or she desires the agency to take, as in a § 1983 claim; he or she need only establish an ownership interest in the…”
Manna Funding, LLC v. Kittitas Cnty., 295 P.3d 1197 (Wash. Ct. App. 2013). “) ¶13 The definitions section in RCW 64.40.010 includes the following: (2) “Permit” means any governmental approval required by law before an owner of a property interest may improve, sell, transfer, or otherwise put real property to use.”
— Wash. Rev. Code § 64.40.010(5) — 1 case
Lutheran Day Care v. Snohomish Cnty., 829 P.2d 746 (Wash. 1992). “Agency is defined in RCW 64.40.010(1) as "the state of Washington, any of its political subdivisions, including any city, town, or county, and any other public body exercising regulatory authority or control over the use of real property in the state.”
— Wash. Rev. Code § 64.40.010(6) — 16 cases
Callfas v. Dep't of Constr. & Land Use, 120 P.3d 110 (Wash. Ct. App. 2005). “The court also addressed the argument that the Callfases had failed to meet the statutory limit for filing their suit: In the end, I found myself in agreement with the City Attorney’s analysis of the language, structure and policy of the statutes in question: RCW 64.40.010(6),…”
Birnbaum v. Pierce Cnty., 274 P.3d 1070 (Wash. Ct. App. 2012). “RCW 64.40.010(4). ¶9 Birnbaum makes claims under each statutory prong.”
Hayes v. City of Seattle, 888 P.2d 1227 (Wash. Ct. App. 1995). “4 Our resolution of this issue makes it unnecessary to address the City’s argument that the Council’s action was not an "act” for purposes of RCW 64.40.010(6). " 'Act’ shall not include lawful decisions of an agency which are designed to prevent a condition which would…”
Manna Funding, LLC v. Kittitas Cnty., 295 P.3d 1197 (Wash. Ct. App. 2013). “) ¶13 The definitions section in RCW 64.40.010 includes the following: (2) “Permit” means any governmental approval required by law before an owner of a property interest may improve, sell, transfer, or otherwise put real property to use.”
Pleas v. City of Seattle, 746 P.2d 823 (Wash. Ct. App. 1987).
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