§ 16.6 - Appellate Court Review

• Jurisdiction: Washington

§16.6 APPELLATE COURT REVIEW

Review of land use decisions by the appellate courts in Washington is discussed below.

(1) Scope of review

LUPA is silent as to the scope of appellate review. Case law under LUPA is consistent with the general practice in administrative law. The appellate court stands in the same position as the superior court when reviewing a local land use decision, and it applies the appropriate standard of review directly to the administrative record. Girton v. City of Seattle, 97 Wn. App. 360, 363, 983 P.2d 1135 (1999) (In its review of a LUPA case the appellate court "stand[s] in the shoes of the superior court and review[s] the hearing examiner's action de novo on the basis of the administrative record."), review denied, 140 Wn.2d 1007 (2000); see also Faben Point Neighbors v. City of Mercer Island, 102 Wn. App. 775, 778,11 P.3d 322 (2000). For this reason, Division II has directed that "the party filing an appeal in superior court under APA or LUPA shall have responsibility for the opening and reply briefs before our court, and shall be entitled to open and conclude oral argument, whether designated as the appellant or respondent on appeal to this court." General Order 2010-1, In Re: Modified Procedures For Appeals Under The Administrative Procedures Act, Chapter 34.05, and Appeals Under the Land Use Petition Act, Chapter 36.70C RCW (Mar. 23, 2010), available at http://www.courts.wa.gov/appellate_trial_courts/?fa=atc.genorders_orddisp&ordnumber=2010-1&div=II.

An appellate court's review of a trial court decision in a certiorari case generally is limited to the record compiled before the decision-making agency. Chaussee v. Snohomish Cnty. Council, 38 Wn. App. 630, 636, 689 P.2d 1084 (1984). As in a LUPA action, the appellate court reviews the challenged administrative decision, not the ruling of the superior court; any findings of fact and conclusions of law rendered by the superior court are generally regarded as surplusage. Morawek v. City of Bonney Lake, 184 Wn. App. 487, 491, 337 P.3d 1097 (2014); Grader v. City of Lynnwood, 45 Wn. App. 876, 879, 728 P.2d 1057 (1986). In other respects, an appeal of a land use decision to the appellate courts follows the practices and procedures applicable to other civil appeals.

(2) Record on review

The appellate court directly reviews the record of the administrative body. Franklin Cnty. Sheriff's Office v. Sellers, 97 Wn.2d 317, 646 P.2d 113 (1982); King Cnty. Water Dist. No....