Except as otherwise specifically provided by statute, a court shall award a qualified
party that prevails in a judicial review of an agency action fees and other expenses,
including reasonable attorneys’ fees, unless the court finds that the agency action
was substantially justified or that circumstances make an award unjust. A qualified
party shall be considered to have prevailed if the qualified party obtained relief on
a significant issue that achieves some benefit that the qualified party sought.
Here, TST did not obtain any relief on a significant issue that achieves some benefit that
TST sought. Therefore, TST did not prevail in this judicial review of an agency action, and we
deny TST’s request.
7
TST assigns error to the ALJ’s conclusion that “[w]hile a party, such as a landlord, can adjust
the rent amount during the term for property taxes and/or utility assessments or charges, such
increases must be articulated in the rental agreement and approved by both the landlord and tenant,
at the time the contract is signed by both parties. However, such a discussion, pertaining to RCW
59.20.060(2)(c), is beyond the scope of the present matter.” AR at 560. TST does not offer any
argument or authority for this alleged error in its opening brief. In the absence of argument or
authority, we do not address TST’s assignment of error. RAP 10.3(a)(6); Cowiche Canyon
Conservancy v. Bosley, 118 Wn.2d 801, 809, 828 P.2d 549 (1992).
12
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No. 53352-9-II
We affirm the ALJ’s order granting the Program’s motion for summary judgment and
affirming the notice of violation.
Lee, C.J.
We concur:
Maxa, J.
Sutton, J.
13