Advocates for Responsible Development v. Western Washington Growth Management Hearings Board

Summary

The Washington Supreme Court held that the Court of Appeals improperly imposed sanctions under RAP 18.9(a) against Advocates for Responsible Development and its president for pursuing an appeal concerning participation standing and lay representation. Because the appeal presented at least one debatable issue and was not frivolous in its entirety, the award of attorney fees as sanctions was reversed.

Holdings

1. The appeal was not frivolous because it presented at least one debatable issue upon which reasonable minds could differ.
2. The lay-representation issue, standing alone, did not justify sanctions because the appeal also raised a nonfrivolous personal-standing issue.

Questions Presented

1. Whether the Court of Appeals properly imposed attorney-fee sanctions under RAP 18.9(a) on the ground that the appeal was frivolous.
2. Whether an appeal may be deemed frivolous as a whole when it raises at least one debatable issue, even if another issue lacks merit.

Disposition

reversed