Watch v. Skagit County

¶56 Sanders, J.

(concurring in part/dissenting in part) — I concur with the majority’s dismissal of Habitat Watch’s Land Use Petition Act (LUPA), chapter 36.70C ROW, petitions, though I believe the land use decision was “issued” when it was placed in the public record. But the majority errs when it chooses not to address the constitutionality of RCW 4.84.370, which allows local governments to recover attorney fees from private litigants but never pay them. While the briefing is admittedly imperfect, focusing on the standard of review and the inapplicable right to petition the government for…