General Orders of Division II

2010-1 Modified Procedures for Appeals Under the Administrative Procedures Act and Appeals Under the Land Use Petition Act

GENERAL ORDER 2010-1

GENERAL ORDER RE: MODIFIED PROCEDURES FOR APPEALS UNDER THE ADMINISTRATIVE PROCEDURES ACT, CHAPTER 34.05 RCW, AND APPEALS UNDER THE LAND USE PETITION ACT, CHAPTER 36.70C RCW

     WHEREAS this court sits in an appellate capacity, the same position as the superior court sits in appeals under the Administrative Procedures Act, chapter 34.05, and in appeals under the Land Use Petition Act, chapter 36.70C, to review appeals from either an administrative hearing decision, RCW 34.05.570, or the final determination by the local jurisdiction’s body or officer with the highest level of authority to make a land use determination, RCW 36.70C.020(1), and
      WHEREAS the party asserting the invalidity of agency action continues to bear the burden of showing invalidity before this court, RCW 34.05.570(1)(a), and the LUPA petitioner continues to bear the burden of establishing error by the local jurisdiction’s body or officer with the highest level of authority to make a land use determination, RCW 36.70C.130(1), and
      WHEREAS the briefing and argument procedures in RAP 10.2(a), (b), and (d); RAP 10.3(a), (b), and (c); and RAP 11.4(c) do not correspond to the burdens under APA or LUPA and do not adequately facilitate the resolution of issues before this court that arise from either an administrative hearing decision, RCW 34.05.570, or the final determination by the local jurisdiction’s body or officer with the highest level of authority to make a land use determination, RCW 36.70C.020(1), and
      WHEREAS RAP 1.2(c) permits the Court to alter the provisions of the Rules of Appellate Procedure in order to serve the ends of justice; now, therefore, it is hereby
      ORDERED 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.  In all other respects, the provisions of the rules remain the same and this general order does not affect which party has the obligation to provide the record for appeal.
      ORDERED that this order shall be effective for cases with a notice of appeal filed on or after April 1, 2010.
      DATED this 23rd day of March, 2010.