Washington Coho, LLC, Appellant v. Whatcom County, Respondent (864980, Skagit County Superior Court 23-2-00310-4)
In May 2021, Washington Coho, LLC sought a variance permit from Whatcom County. In October 2021, Coho received confirmation of complete application from the County. In April 2022, Coho received a Notice of Additional Requirement, which sought a stormwater system design report. Over the next year, the parties went back and forth on the variance, including having a hearing in early 2023. In March 2023, Coho requested a resolution under WCC 22.05.130(2). The variance was approved with conditions in March 2023. Coho then brought an action under RCW 64.40.020, alleging that the County acted arbitrary and capriciously by requiring a stormwater report and exceeding the lawful time limits for processing the application. The County filed a motion to dismiss, claiming that WCC 22.05.130(2) is not an “administrative remedy” for purposes of bringing an action under RCW 64.40.020 and, therefore, Coho’s claim was barred by the statute of limitations. The trial court held that Coho’s action was untimely because WCC 22.05.130(2) did not create an administrative remedy that had to be exhausted under RCW 64.40.030. The court awarded attorney fees to the County. Coho appeals. COA #864980. Skagit County Superior Court # 23-2-00310-29.
