Alderson v. Bledsoe

544 P.2d 1245, 86 Wash. 2d 382, 1976 Wash. LEXIS 862
CourtWashington Supreme Court
DecidedJanuary 15, 1976
DocketNo. 43837
StatusPublished

This text of 544 P.2d 1245 (Alderson v. Bledsoe) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alderson v. Bledsoe, 544 P.2d 1245, 86 Wash. 2d 382, 1976 Wash. LEXIS 862 (Wash. 1976).

Opinion

Rosellini, J.

The petitioners, sellers and shippers of potatoes, failed and refused to pay the assessments levied ■under RCW 15.66, the Washington Agricultural Enabling Act. After several demands for payment had been ignored, the Director of Agriculture notified the petitioners that he [383]*383would cease furnishing them with inspection services and shipping permits or certificates beginning October 24, 1974, and until such time thereafter as the petitioners paid $4,584.09, the assessments due the respondent commission, and ceased selling and shipping potatoes in violation of RCW 15.66, and WAC 16-516 promulgated pursuant thereto. No payment was made and the inspection services were withdrawn.

The petitioners brought this action seeking to enjoin the director from withholding inspection services and certification of their potatoes. A temporary restraining order and a preliminary injunction were dissolved when it was shown that the petitioners had not paid the assessments due and had indicated that they would continue to ship potatoes without paying the assessments if the necessary inspection certificates were issued.

The petitioners sought a writ of certiorari in the Court of Appeals, Division Three, which transferred the matter to this court, after having imposed the condition that the inspection services be continued and the assessments be paid into a trust account as they accrued, there to draw interest during the pendency of the review.

The question before the court is: Will the courts provide a remedy to one who alleges that, as a result of the withholding of the services of a governmental agency, he was economically coerced to make payments which, though properly assessed against him, he would not otherwise have paid?

To state the proposition is to remove any doubt of the answer. It is undoubtedly the rule that the withholding of a governmental service for the purpose of inducing an act on the part of a person otherwise entitled to the service will give rise to an action for restitution if the act is one which the person would not have otherwise done of his own free will and was not obliged to do. See D. Dobbs, The Law of Remedies § 10.2, at 662-63 (1973). In Oswald v. El Centro, 211 Cal. 45, 292 P. 1073, 71 A.L.R. 899 (1930), a city refused a contractor a reasonable extension of time to com[384]*384píete his work unless he gave the city a lease on his property at a nominal rental, did some free work, and agreed to be “a good dog.” This was held to be duress on the part of the city, and the contractor was allowed to recover the rental value of his property. In Freund v. United States, 260 U.S. 60, 67 L. Ed. 131, 43 S. Ct. 70 (1922), the United States Supreme Court allowed a contractor to recover the reasonable value of his services, where the United States government had brought such duress upon the contractor that he was forced to perform services beyond those contemplated by the contract.

This principle has most frequently been called into play in situations where a public utility withholds services to enforce payment of charges. See Annot., Duress by company furnishing power or the like, 34 A.L.R. 185 (1925); 25 Am. Jur. 2d Duress and Undue Influence § 8 (1966); 12 E. McQuillin, Municipal Corporations § 34.90 (3d ed. rev. J. Latta 1970). The cases decided in this area of law have consistently held that the withholding of services is justified where the act which it is intended to compel is one which the plaintiff is obliged to perform. Under such circumstances there is no duress such as to entitle the plaintiff to a remedy. As the court said in Koenig v. Peoples. Gas Light & Coke Co., 153 Ill. App. 432 (1910), if the money obtained was rightfully due, the fact that the elements of protest and duress were present when it was paid, vests no right to recover it.

The reason for refusing a remedy to persons in the petitioners’ circumstances is plain. Having been forced to pay out that which they were obliged to pay in any event, in order to sell their potatoes,1 the petitioners have suffered [385]*385no damage nor can they be heard to assert that in the future the refusal of inspection services will cause them damage, since under the statute they have no right to sell potatoes until the assessments are paid.

Because as long as the assessments remained unpaid the petitioners had no legal right to sell their potatoes, their contention that the withholding of inspection services denied them due process of law is likewise without merit. The respondent director did not seize the petitioners’ property; he merely placed an obstacle in the path of the sale of the potatoes. It appears to be conceded that without the inspection certificates, as a practical matter, it was impossible for the petitioners to sell their produce. Had they possessed the legal right to sell the potatoes, it could indeed be said that the withholding of inspection services deprived them of a valuable property right. But since failure to pay the assessments under RCW 15.66.150(4) rendered the sale of the potatoes unlawful, the petitioners cannot be heard to say that the respondent director has interfered with their property rights in refusing to issue inspection certificates.

The petitioners call attention to the fact that RCW 15.66.170 provides a specific and detailed method for the collection of assessments and argue that this remedy is exclusive.2 They cite 72 Am. Jur. 2d State and Local Taxa[386]*386tion § 870 (1974), where it is said that many courts hold that where a statute provides a special remedy for the collection of a tax, that remedy is exclusive.* *3 If this statement is read in context and the authorities cited are examined, it will be seen that the term remedy is used with reference to other judicial remedies. None of them supports a conclusion that the withholding of a governmental service, which has the practical effect of forcing the payment of a tax or assessment, is a type of “remedy” contemplated under this rule.

As the trial court in this case observed, had the respondent director not withdrawn the inspection services, he would have been aiding and abetting the petitioners in their defiance of the requirements of RCW 15.66.150(4). While RCW 15.17 does not expressly authorize the withholding of inspection services where assessments are not paid under RCW 15.66, there is an implied authority to do so. RCW 15.17.220

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Related

Freund v. United States
260 U.S. 60 (Supreme Court, 1922)
Hansen Baking Co. v. City of Seattle
296 P.2d 670 (Washington Supreme Court, 1956)
Oswald v. City of El Centro
292 P. 1073 (California Supreme Court, 1930)
Bennett v. Grays Harbor County
130 P.2d 1041 (Washington Supreme Court, 1942)
Koenig v. Peoples Gas Light & Coke Co.
153 Ill. App. 432 (Appellate Court of Illinois, 1910)

Cite This Page — Counsel Stack

Bluebook (online)
544 P.2d 1245, 86 Wash. 2d 382, 1976 Wash. LEXIS 862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alderson-v-bledsoe-wash-1976.