In Durland v. San Juan County (No. 82293-8 & No. 89745-0) the Washington Supreme Court rejected a neighbor’s untimely Land Use Petition Act (LUPA) challenge of San Juan County’s permit to build an oversize garage. The neighbor received no actual or constructive notice of the permit’s issuance and missed the LUPA challenge deadline. The Washington Supreme Court reiterated that there are no equitable exceptions to the LUPA 21-day deadline. The Court also rejected the neighbor’s procedural due process argument, concluding that the restrictions in the local building code were meant to protect the public in general, not the neighbors. The Court clarified that private parties in land-use cases can recover attorney fees under RCW 4.84.370(1) regardless of whether they prevailed on procedural or substantive grounds. In contrast, public entities may seek fees under RCW 4.84.370(2) only when they succeed in defending their decision on the merits.
