City of Normandy Park v. King County Fire District No. 2

717 P.2d 769, 43 Wash. App. 435
CourtCourt of Appeals of Washington
DecidedApril 14, 1986
DocketNo. 15296-3-I
StatusPublished

This text of 717 P.2d 769 (City of Normandy Park v. King County Fire District No. 2) 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
City of Normandy Park v. King County Fire District No. 2, 717 P.2d 769, 43 Wash. App. 435 (Wash. Ct. App. 1986).

Opinion

Coleman, J.

On February 21, 1983, the City of Normandy Park annexed a previously unincorporated area of King County. Prior to annexation, the annexed area, hereinafter referred to as "Manhattan," was within the boundaries of, and was served by King County Fire District 2 (Fire District).

Following the annexation, pursuant to RCW 35.13.248,1 [437]*437the City of Normandy Park asked King County Fire Protection District 2 to pay 6.97 percent of the value of its assets to the City. The City's request was based on its calculation that Manhattan comprised 6.97 percent of the assessed valuation of all property within the fire protection district and also comprised more than 5 percent of the area within the Fire District. Therefore, the City determined that it was entitled to compensation from the Fire District under RCW 35.13.248. However, the Fire District refused to pay because it believed that less than 5 percent of the area of the Fire District was affected by the annexation, and therefore, no compensation was required under the statute. The Fire District's calculations showed that if Port of Seattle property was included in the Fire District's total area, then the area affected by annexation comprised only 3.94 percent of the property in the Fire District. On the other hand, if Port of Seattle property was not included in the Fire District's total area, then the area affected by annexation comprised 5.27 percent of the property in the Fire District.

The City subsequently brought a declaratory judgment action against the Fire District and the Port of Seattle and later moved for summary judgment. The trial court granted the motion and ruled in part as follows:

2.5) RCW 14.08.330 gives the Port exclusive police jurisdiction over its Sea-Tac Airport properties. RCW 14.08.120(2) gives the Port the right to provide fire protection services for its Sea-Tac Airport property or to contract for such services, which right is exercised by the Port. RCW 53.08.010 and RCW 14.08.030(2) give the [438]*438Port the power to condemn and acquire property. Nothing in Chapters RCW 52.04 and 52.22 pertaining to fire districts speaks to the issue of removal of the Port's airport property from a fire protection district. Read together, these statutes operate to remove the Port of Seattle property at Sea-Tac Airport from the territorial or other jurisdiction of King County Fire Protection District No. 2. The land area of "Manhattan" exceeds 5% of the area of King County Fire Protection District No. 2 and pursuant to RCW 35.13.248 more than 5% of the area of the District is affected.
2.6) Plaintiff's Motion for Summary Judgment is granted.
2.7) Defendant's Motion for Summary Judgment is denied.

The Fire District appeals from this order.

Issue: Did the trial court err in ruling that RCW 14.08 operates to remove the Port of Seattle property at Seattle-Tacoma airport from the territorial or other jurisdiction of the Fire District?

Appellant first contends that the trial court erred in its interpretation of RCW 14.08 because certain statutes contained in RCW 52.04 and 52.08 (formerly 52.22) contain the exclusive methods for removing real property from the jurisdiction of a fire district, and none of these statutes provide for removal of property by a municipal corporation's acquisition of real property for airport purposes. On the other hand, respondents argue that RCW 52.08.0212 controls this case. The statute states:

Withdrawal by incorporation of part of district. The incorporation of any previously unincorporated land lying within a fire protection district shall operate to automatically withdraw such lands from the fire protection district.

According to respondents, the term "incorporation" clearly refers to the incorporation of any municipal corporation; and since the Port is a municipal corporation, RCW 53.04-.060, Automobile Drivers Local 882 v. Department of [439]*439Retirement Sys., 92 Wn.2d 415, 419, 598 P.2d 379 (1979), cert. denied, 444 U.S. 1040 (1980), the condemnation and incorporation of the airport property by the Port automatically removed that property from the Fire District.

Though the statute is ambiguous with respect to the meaning of "incorporation," a careful reading of RCW 52.08.021, the section immediately following 52.08.021, i.e., 52.08.025, and the relevant legislative history indicates that "incorporation of any previously unincorporated land ..." in RCW 52.08.021 refers to the "incorporation" of a city or town. The title of the act that created RCW 52.08.021 (formerly 52.22.020) states in pertinent part: "An Act relating to fire protection districts; providing for the exclusion of territory within the district upon incorporation of such territory as a city or town ..." (Italics ours.) Laws of 1955, ch. 111, p. 522. It is well settled that where "the language of an act is ambiguous, the title may be resorted to as an aid to construction." Bellevue v. Acrey, 37 Wn. App. 57, 62, 678 P.2d 1289, rev'd on other grounds, 103 Wn.2d 203, 691 P.2d 957 (1984). The title quoted above establishes that the Legislature intended the word "incorporation," as used in RCW 52.08.021, to include only the incorporation of cities and towns, not the incorporation of port districts.

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Related

King County v. Port of Seattle
223 P.2d 834 (Washington Supreme Court, 1950)
City of Bellevue v. Acrey
678 P.2d 1289 (Court of Appeals of Washington, 1984)
City of Bellevue v. Acrey
691 P.2d 957 (Washington Supreme Court, 1984)

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Bluebook (online)
717 P.2d 769, 43 Wash. App. 435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-normandy-park-v-king-county-fire-district-no-2-washctapp-1986.