[WSBARP] WSBARP Digest, Vol 109, Issue 2

Tue Oct 3 13:45:43 PDT 2023

Mark,      In your response to Craig, you cite to RCW 34.05.582, which seems to control regarding "agency" actions which, in .010 seems to only apply to state agencies. Any thoughts?
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave. Shelton, Wa. 98584360-426-5885swhite8893 at aol.com

    On Tuesday, October 3, 2023 at 12:00:18 PM PDT, wsbarp-request at lists.wsbarppt.com <wsbarp-request at lists.wsbarppt.com> wrote:  

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Today's Topics:

  1. Standing to enforce (Craig Gourley)
  2. Ukrainian lawyer (Tim Knowling)
  3. Re: Standing to enforce (Mark McClure)
  4. Re: Standing to enforce (Carl Gay)

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Message: 1
Date: Mon, 2 Oct 2023 21:06:56 +0000
From: Craig Gourley <craig at glgmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Standing to enforce
Message-ID:
    <MW3PR12MB4362FD89D59FAB52032F40B0AEC5A at MW3PR12MB4362.namprd12.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Listmates,    Does anyone know if a property owner has standing to enforce setback requirements.  Neighbor builds a garage within 2 feet of the property line in an area requiring a 5 foot setback.  County refuses to do anything .  Any private cause of action for a  code violation?  Thanks in advance!  Craig

GOURLEY LAW GROUP
THE EXCHANGE CONNECTION
SNOHOMISH ESCROW
P.O. Box 1091
Snohomish, WA 98291
PH:  (360) 568-5065 (800) 291-8401
Fax: (360) 568-8092

CONFIDENTIALITY NOTICE: This electronic mail transmission may contain legally privileged, confidential information belonging to the sender. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking any action based on the contents of this electronic mail is strictly prohibited. If you have received this electronic mail in error, please contact sender and delete all copies.

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Message: 2
Date: Mon, 2 Oct 2023 21:20:59 +0000
From: Tim Knowling <tim at knowlinglaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Ukrainian lawyer
Message-ID: <2bc3104363a9489e8417ed9a4ec5b5f8 at knowlinglaw.com>
Content-Type: text/plain; charset="us-ascii"

Anyone happen to have a referral to a lawyer in Odessa Ukraine ? - PT is here in the US and is in need of a POA for his wife there.

Timothy J Knowling
Attorney at Law
1833 N 105th St. Suite 101
Seattle, WA  98133
206-282-5630

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Message: 3
Date: Mon, 2 Oct 2023 14:23:54 -0700
From: Mark McClure <mark at mcclurelawgroup.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Standing to enforce
Message-ID: <f6c6cbbfa96b96888d68c0fd46d09670 at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Would the Administrative Procedures Act, RCW 34.05 be applicable?  If so,
see RCW 34.05.582 regarding compelling an agency to act..

RCW 34.05.582 <http://app.leg.wa.gov/RCW/default.aspx?cite=34.05.582>Petition
by others for enforcement.

(1) Any person who would qualify under this chapter as having standing to
obtain judicial review of an agency's failure to enforce an order directed
to another person may file a petition for civil enforcement of that order,
but the action may not be commenced:

(a) Until at least sixty days after the petitioner has given notice of the
alleged violation and of the petitioner's intent to seek civil enforcement
to the head of the agency concerned, to the attorney general, and to each
person against whom the petitioner seeks civil enforcement;

(b) If the agency has filed and is diligently prosecuting a petition for
civil enforcement of the same order against the same person; or

(c) If a petition for review of the same order has been filed and a stay is
in effect.

(2) The petition shall name, as respondents, the agency whose order is
sought to be enforced and each person against whom the petitioner seeks
civil enforcement.

(3) The agency whose order is sought to be enforced may move to dismiss the
petition on the grounds that it fails to qualify under this section or that
the enforcement would be contrary to the policy of the agency. The court
shall grant the motion to dismiss the petition unless the petitioner
demonstrates that (a) the petition qualifies under this section and (b) the
agency's failure to enforce its order is based on an exercise of discretion
that is arbitrary or capricious.

(4) Except to the extent expressly authorized by law, a petition for civil
enforcement may not request, and the court may not grant, any monetary
payment apart from taxable costs.

*Mark C. McClure* *| *
*Managing Attorney *Law Office of Mark McClure, PS

*"Why Retire With Debt?"*1103 West Meeker Street, #101
Kent, WA 98032

Office:  253.631.6484 (Leave Msg - Will be returned within 24 hours)
Email: Mark at McClureLawGroup.com
Web: www.McClureLawGroup.com <http://www.mcclurelawgroup.com/>

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***NOTE** All visits must be scheduled in advance for access to the
building.  Call *253-631-6484 * to schedule.*

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*From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Craig Gourley
*Sent:* Monday, October 2, 2023 2:07 PM
*To:* WSBA Real Property Listserv
*Subject:* [WSBARP] Standing to enforce

Listmates,    Does anyone know if a property owner has standing to enforce
setback requirements.  Neighbor builds a garage within 2 feet of the
property line in an area requiring a 5 foot setback.  County refuses to do
anything .  Any private cause of action for a  code violation?  Thanks in
advance!  Craig

*GOURLEY LAW GROUP*

*THE EXCHANGE CONNECTION*

*SNOHOMISH ESCROW *

P.O. Box 1091

Snohomish, WA 98291

PH:  (360) 568-5065 (800) 291-8401

Fax: (360) 568-8092

CONFIDENTIALITY NOTICE: This electronic mail transmission may contain
legally privileged, confidential information belonging to the sender. The
information is intended only for the use of the individual or entity named
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Message: 4
Date: Mon, 2 Oct 2023 16:20:10 -0700
From: Carl Gay <carl at greenawaylawfirm.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Standing to enforce
Message-ID: <79e83fa2dfc74952dcd75cd237cf27ce at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

If the setbacks are established in recorded CC&R?s, there should be an
enforcement mechanism and hopefully an attorney fees provision.

CARL LLOYD GAY

    Non nobis solum nati sumus

      ?Not unto ourselves alone are we born?

                  ~the motto of Willamette University~

                          *Law Offices*

      GREENAWAY & GAY

    *Attorneys and Counselors at Law *

                    (*Established 1985)*

734 East First Street      Suite A

Port Angeles, Washington  98362

Email                      carl at greenawaylawfirm.com

Telephone                (360) 452-3323

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*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Craig Gourley
*Sent:* Monday, October 2, 2023 2:07 PM
*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
*Subject:* [WSBARP] Standing to enforce

Listmates,    Does anyone know if a property owner has standing to enforce
setback requirements.  Neighbor builds a garage within 2 feet of the
property line in an area requiring a 5 foot setback.  County refuses to do
anything .  Any private cause of action for a  code violation?  Thanks in
advance!  Craig

*GOURLEY LAW GROUP*

*THE EXCHANGE CONNECTION*

*SNOHOMISH ESCROW *

P.O. Box 1091

Snohomish, WA 98291

PH:  (360) 568-5065 (800) 291-8401

Fax: (360) 568-8092

CONFIDENTIALITY NOTICE: This electronic mail transmission may contain
legally privileged, confidential information belonging to the sender. The
information is intended only for the use of the individual or entity named
above. If you are not the intended recipient, you are hereby notified that
any disclosure, copying, distribution or taking any action based on the
contents of this electronic mail is strictly prohibited. If you have
received this electronic mail in error, please contact sender and delete
all copies.
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End of WSBARP Digest, Vol 109, Issue 2
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