Division III Breaks the Tie – Attorney Fees for LUPA Actions

      Attorney Fees for LUPA Actions In Gresh v. Okanogan County, No. 31394-8-III, the appellant brought an untimely LUPA claim and the court dismissed the petition.  RCW 4.84.370(1) awards fees to the "prevailing" or "substantially prevailing" party in land use litigation.  Respondent sought attorney fees because the court dismissed the petition.  Division I and II disagreed on whether “prevail” means on the ... [Continue Reading]