| Momentum Bucket | Strong Momentum |
| Legal Title | AN ACT Relating to direct review of administrative decisions by the court of appeals; |
| Bill Description | Concerning direct review of administrative decisions by the court of appeals. |
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What this bill does
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This bill amends existing law (RCW 36.70C.150 and related session law provisions) to allow a superior court, with the consent of all parties and their agreement that review can proceed on the existing record, to transfer a judicial review of a land use decision to the court of appeals. The transfer procedure is a procedural change: transfer under this section does not require filing a motion for discretionary review with the court of appeals, and RCW 36.70C.090 does not apply to matters transferred under this section.
The bill also creates procedural limits on fee recovery when parties stipulate to transfer: by 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 that such fees may still be awarded following an appeal to the supreme court. A party’s refusal to consent to transfer is made inadmissible and cannot be used against that party in any proceeding.
The act amends and repeals specified 2021 and 2024 session law sections (including amendments to 2021 c 305 and repeals of 2024 c 347 sections). Section 3 of the act expires July 1, 2026, and Section 6 takes effect July 1, 2026. The extracted material does not include the full text of the repealed or amended session law provisions, definitions for terms such as "land use decision," or the text of the other sections referenced, so the full scope and interaction with other provisions cannot be determined from these facts alone.
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Why it matters
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If enacted, parties in Washington land use lawsuits who all agree can move a case from superior court to the court of appeals to be decided on the existing trial record, which can speed appellate review and avoid filing a discretionary review motion. That option will shift some workload from superior courts to the court of appeals and give developers, local governments, and private parties a quicker appellate path, but those who agree to the transfer generally give up the right to seek attorneys’ fees and costs under RCW 4.84.370 unless the matter later goes to the supreme court and fees are awarded there.
Practical uncertainties remain because the bill amends and repeals prior session laws and references other sections whose text isn’t included here, and Section 3 of the act expires on July 1, 2026 while Section 6 takes effect that same date, so how long and exactly how the changes will operate in practice is not fully clear from the provided facts.
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| Official Documents | View Full Bill Text |
| Date Introduced | 01/22/2026 |
| Originating Chamber | Senate |
| Biennium | 2025-26 |
| Total Campaign Dollars Backing Bill | $3,628,094.00 |
| COURTS |
| Hearing | Senate Law & Justice (Public) |
| Hearing | Senate Law & Justice (Executive) |
| Hearing | House Civil Rights & Judiciary (Public) |
| Hearing | House Civil Rights & Judiciary (Executive) |