Bridle Trails Community Club v. City of Bellevue

724 P.2d 1110, 45 Wash. App. 248
CourtCourt of Appeals of Washington
DecidedSeptember 2, 1986
Docket14631-9-I
StatusPublished
Cited by68 cases

This text of 724 P.2d 1110 (Bridle Trails Community Club v. City of Bellevue) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bridle Trails Community Club v. City of Bellevue, 724 P.2d 1110, 45 Wash. App. 248 (Wash. Ct. App. 1986).

Opinions

Grosse, J.

—Appellants appeal the dismissal in superior court of their action to obtain review of alleged arbitrary, capricious, and clearly erroneous actions by the City of Bellevue.

The facts surrounding this dispute and the history of this case can be obtained by reading the opinion of the Supreme Court in Zehring v. Bellevue, 103 Wn.2d 588, 694 P.2d 638 (1985). Briefly stated, respondent Chem-Nuclear wants to build its corporate headquarters on property previously rezoned from residential to limited office use. The prior rezone was subject to certain conditions, including a design review of any building over one story. Chem-Nuclear's plans call for a building of two stories. The initial design review process resulted in the challenge reflected in Zeh-ring. While the first challenge to the process was winding its way through the courts, the Bellevue Planning Commission held new design review proceedings. It is these subsequent proceedings which are the subject of this appeal.

Appellants filed their application for writ of certiorari January 14, 1983. The writ was to require the City of Bellevue to certify to the court a full transcript and record of the proceedings, and that

thereupon the court review the same as to a claim by said Plaintiffs that the City of Bellevue acted arbitrarily and capriciously, clearly erroneously, and in excess of its authority in entering the Findings of Fact, Conclusions and Decisions, dated December 15,1982,. . .

The writ specifically asked:

1. That a Writ of Certiorari issue directing the City of Bellevue to certify all documents and a full transcript of the records and proceedings to this court, so that the reasonableness and lawfulness of the city's actions therein may be inquired into and determined;
2. That after review, the City of Bellevue be directed to deny approval for the proposal by Defendant Chem-Nuclear, Inc., that is the subject matter of these proceedings;
[250]*2503. That the court determine that any future applications for development of the property that is the subject matter of the proceedings be reviewed on the basis of the zoning regulations and classifications in effect at the time the application is subsequently made; . . .

The affidavit in support of the application listed 11 alleged errors by the City and its planning commission in the proceedings. It then stated that this was a proper case for a writ since it was a decision by an inferior tribunal exercising judicial functions, that the inferior tribunal had exceeded its jurisdiction or acted illegally, and that there was no plain or speedy and adequate remedy at law. These are the statutory requirements of RCW 7.16.040 for issuance of a writ of certiorari. The affidavit also stated, "In addition, counsel for Defendant City of Bellevue has advised Plaintiffs that a Writ of Certiorari is the appropriate manner in which to seek review of the actions complained of by Plaintiffs."

On February 2, 1983 a stipulation was entered into by the appellants and respondents stating that "the below Order should be entered." The order stated that the City was to forward and certify the requested records "with the intent that the same be reviewed by this court as to the claims made by Plaintiffs in the Application ..." The order was signed by Commissioner Richey.

On March 16, 1984 Chem-Nuclear moved for dismissal on the grounds that the writ was not brought before the court in a timely manner and that therefore the court was without jurisdiction to consider the challenge to the planning commission's decision. After argument the trial court entered the order of dismissal on that basis.

The trial court was correct in dismissing appellants' action under RCW 7.16. Those statutory provisions are applicable only to quasi-judicial proceedings. And then only where no appeal is provided.1 In the instant matter, [251]*251Zehring disposes of one of the statutory requisites in its holding that the design review process contemplated by the City and conducted by the Bellevue Planning Commission is an administrative one rather than quasi judicial. Secondly, the City's land use code clearly provides for an appeal. 2

Two things are apparent. First, appellants may not obtain review pursuant to the provisions of RCW 7.16. Second, their appeal from the design review process was not timely filed and thus their action would have been properly dismissed on that basis. Nevertheless, appellants are not without a remedy given the allegations set forth in their petition and we hold that the trial court erred in dismissing the cause without expressly considering that potential remedy.

In Pierce Cy. Sheriff v. Civil Serv. Comm'n, 98 Wn.2d 690, 693-94, 658 P.2d 648 (1983), the Supreme Court reiterated the principle that the superior court has inherent power to review administrative decisions for illegal or manifestly arbitrary and capricious acts. This inherent power arises out of article 4, section 6 of the Washington State Constitution.3 This review by "constitutional" or "common law" certiorari4 is not full appellate review on the [252]*252merits. It is limited to a review of the record below to determine whether the decision or act complained of was or involved arbitrary and capricious or illegal actions thus violating the appellant's fundamental right to be free of such action. Pierce Cy. Sheriff, at 693-94; Williams v. Seattle Sch. Dist. 1, 97 Wn.2d 215, 221-22, 643 P.2d 426 (1982).

The common law writ of certiorari embodied in the constitution is distinguished from the statutory writ of review in RCW 7.16.040. The statute requires the superior court to grant the writ only when all four factors are present, and accords the petitioner full review of the issue raised. If any of the factors are absent, there is no jurisdiction for review. The common law writ embodied in the constitution contains no such imperatives. The grant of the common law writ is always discretionary with the superior court as part of its inherent powers; it cannot be mandated by anyone, including a higher court such as this. Nor can the superior court ever lack the jurisdiction to entertain application for a writ alleging acts in excess of jurisdiction by an inferior body, whether exercising judicial functions or administrative ones. This jurisdiction is inherent in the court, as recognized in the constitution. The superior court may in its discretion refuse to exercise its inherent powers of review so long as tenable reasons are given to support that discretionary ruling. See generally 1 Bouvier's Law Dictionary 443, 446-47 (1914). See North Bend Stage Line, Inc. v.

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Bluebook (online)
724 P.2d 1110, 45 Wash. App. 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bridle-trails-community-club-v-city-of-bellevue-washctapp-1986.