City of Seattle v. State

694 P.2d 641, 103 Wash. 2d 663
CourtWashington Supreme Court
DecidedJanuary 11, 1985
Docket50629-9
StatusPublished
Cited by74 cases

This text of 694 P.2d 641 (City of Seattle v. State) 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
City of Seattle v. State, 694 P.2d 641, 103 Wash. 2d 663 (Wash. 1985).

Opinions

Dimmick, J.

This case concerns a constitutional challenge by the City of Seattle to two statutes governing the annexation of territory by municipalities. RCW 35.13.165 was challenged under the state and federal equal protection clauses. Both RCW 35.13.165 and RCW 36.93.180(10) were challenged as special legislation. The trial court dismissed the City's claims, holding that the statutes were not special legislation and that the City did not have standing to raise the equal protection claim. We reverse.

The City's claim arises out of its attempts to annex an unincorporated part of the South Park/Duwamish area. The approximately IVz -square-mile area proposed for annexation includes both residential and industrial/commercial property.

There is no dispute concerning the facts in this case. In January 1978 the City took initial steps toward annexing the South Park/Duwamish area, utilizing the annexation procedure provided for under RCW 35.13.015, which allowed for a resolution by the municipality, with final approval by vote of the residents in the area proposed for [666]*666annexation. However, that attempt to annex the area was abandoned after the 1979 Legislature passed RCW 36.93-.180(10), which required a boundary review board to provide

reasonable assurance that the extension of municipal services and the additional payments to be made by the property owners of the area to be annexed in the form of taxes bear a reasonable relation to the value of the additional municipal services to be received.

Laws of 1979, 1st Ex. Sess., ch. 142, § 2 (amended 1981). This additional criterion applies only to annexations by cities with a population of over 400,000 and only when an annexation is initiated by city resolution. Seattle is the only city in the state with a population of over 400,000.

Fifteen voters in the South Park/Duwamish area then petitioned for annexation of the area utilizing the annexation procedure provided for under the then existing statute, RCW 35.13.020, which required signatures equal in number to 20 percent of those voting in the last election, with final approval by vote of the residents in the area proposed for annexation. The Seattle City Council approved the voters' petition and submitted the proposal to the King County Boundary Review Board in October 1980.

The 1980 attempt to annex the South Park/Duwamish area was also thwarted. The 1981 Legislature enacted RCW 35.13.1651 which terminates annexation proceedings upon [667]*667either of two methods of filing with the relevant boundary review board. The first method requires signatures of the individual or corporate owners of at least 75 percent of the real property (as determined by its assessed valuation) in the area proposed for annexation. The second method requires signatures of 75 percent of the real property owners in the area proposed for annexation. Either method in effect grants veto power on the basis of property ownership. In the same act the Legislature tightened the criterion in RCW 36.93.180(10) to require that additional taxes will "remain reasonably equal to the value of the additional municipal services to be received during a period of ten years following the effective date of the proposed annexation" for cities over 400,000.

On July 24, 1981, the City filed this suit, seeking a declaratory judgment that RCW 36.93.180(10) and RCW 35.13.165 are unconstitutional. While this suit was pending, the City issued a comprehensive plan for the area and held public hearings on the annexation.

On October 7, 1982, the annexation proposal came before the Board. On the same day, petitions signed by owners of more than 90 percent of the real property in the area proposed for annexation were filed opposing the annexation. On October 21, 1982, the Board determined that RCW 35.13.165 required that all annexation proceedings be terminated with the receipt of these petitions.

On cross motions for summary judgment in the City's action for declaratory relief, the trial court dismissed the City's suit. This appeal was certified for direct appeal by the Court of Appeals.

Standing

We initially address the City's standing to bring this suit. Const. art. 11, § 10 (amend. 40) specifically protects cities from special legislation. Martin v. Tollefson, 24 Wn.2d 211, 216-17, 163 P.2d 594 (1945). Thus, the interest [668]*668asserted by the City in challenging RCW 36.93.180 and RCW 35.13.165 as special legislation falls directly within the zone of interests protected by Const. art. 11, § 10 (amend. 40). Respondents claim that the City lacks standing to raise this issue because it is a political subdivision of the State and therefore not an adverse party. We reject this argument. See Seattle Sch. Dist. 1 v. State, 90 Wn.2d 476, 490, 585 P.2d 71 (1978). The City has standing to challenge a state statute as special legislation.

Respondents also argue that the City does not have standing to challenge RCW 35.13.165 on the basis of the state and federal equal protection clauses because these constitutional protections extend to individuals, not to the City. We disagree.

Standing is not an insurmountable barrier to municipal corporations challenging the constitutionality of a legislative act. Seattle Sch. Dist. 1, at 493. Where a controversy is of serious public importance the requirements for standing are applied more liberally. Washington Natural Gas Co. v. PUD 1, 77 Wn.2d 94, 96, 459 P.2d 633 (1969). The basic test for standing is "whether the interest sought to be protected by the complainant is arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question". Seattle Sch. Dist. 1, at 493 (citing Association of Data Processing Serv. Orgs., Inc. v. Camp, 397 U.S. 150, 25 L. Ed. 2d 184, 90 S. Ct. 827 (1970)).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Knight v. Fontes
Arizona Supreme Court, 2025
Vet Voice Found. v. Hobbs
564 P.3d 978 (Washington Supreme Court, 2025)
Stevens County v. Stevens County Sheriff's Department
Court of Appeals of Washington, 2021
Family of Butts v. Constantine
491 P.3d 132 (Washington Supreme Court, 2021)
Davison v. State
466 P.3d 231 (Washington Supreme Court, 2020)
City of Snoqualmie v. King County Executive Dow Constantine
386 P.3d 279 (Washington Supreme Court, 2016)
City of Longview v. Wallin
301 P.3d 45 (Court of Appeals of Washington, 2013)
Locke v. City of Seattle
162 Wash. 2d 474 (Washington Supreme Court, 2007)
Madison v. State
163 P.3d 757 (Washington Supreme Court, 2007)
Locke v. City of Seattle
137 P.3d 52 (Court of Appeals of Washington, 2006)
Port of Seattle v. PCHB
90 P.3d 659 (Washington Supreme Court, 2004)
Port of Seattle v. Pollution Control Hearings Board
90 P.3d 659 (Washington Supreme Court, 2004)
GRANT CTY. FIRE PROT. DIST. v. City of Moses Lake
83 P.3d 419 (Washington Supreme Court, 2004)
Mt. Hood Beverage Co. v. Constellation Brands, Inc.
63 P.3d 779 (Washington Supreme Court, 2003)
Grant County Fire Protection District No. 5 v. City of Moses Lake
42 P.3d 394 (Washington Supreme Court, 2002)
1519-1525 Lakeview Boulevard Condominium Ass'n v. Apartment Sales Corp.
144 Wash. 2d 570 (Washington Supreme Court, 2001)
1519-1525 Lakeview Blvd. Condo. v. Asc
29 P.3d 1249 (Washington Supreme Court, 2001)
LAKEVIEW v. Apartment Sales Corp.
6 P.3d 74 (Court of Appeals of Washington, 2000)
1519-1525 Lakeview Boulevard Condominium Ass'n v. Apartment Sales Corp.
101 Wash. App. 923 (Court of Appeals of Washington, 2000)
Tunstall v. Bergeson
5 P.3d 691 (Washington Supreme Court, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
694 P.2d 641, 103 Wash. 2d 663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-seattle-v-state-wash-1985.