Consolidated Disposal Services, Inc. v. Grant County

754 P.2d 1059, 51 Wash. App. 652
CourtCourt of Appeals of Washington
DecidedJune 2, 1988
DocketNo. 8483-3-III
StatusPublished
Cited by4 cases

This text of 754 P.2d 1059 (Consolidated Disposal Services, Inc. v. Grant County) 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
Consolidated Disposal Services, Inc. v. Grant County, 754 P.2d 1059, 51 Wash. App. 652 (Wash. Ct. App. 1988).

Opinion

McInturff, C.J.

Grant County seeks review of a writ of prohibition entered against it February 20, 1987, restraining the placement of drop boxes for garbage collection at any location other than the county maintained transfer stations and solid waste disposal sites. The order was the result of a complaint filed by Consolidated Disposal Services, Inc. (CDSI) seeking injunctive relief and damages. The complaint alleged Grant County provided garbage collection for the county fairgrounds and for private businesses in the towns of Warden and Quincy in contravention of RCW 36.58.030 and 36.58.040. We granted the County's motion for discretionary review.

CDSI holds a permit from the Washington Utilities and Transportation Commission authorizing it to transport solid waste throughout Grant County, with the exception of Moses Lake, Crescent Bar and an area around Mattawa. Mr. Daniel M. Dietrich, president of CDSI, observed a county drop box at Forney Fruit and Produce, Quincy, and the Asgrow Seed Company, Warden, then filed this action to prevent the County from maintaining those drop boxes. At oral argument, the County admitted it no longer provides drop boxes in Warden and Quincy and is not interested in further pursuing that issue. However, the County continues to argue it is entitled to maintain and service a drop box at the county fairgrounds. To the extent that service is affected by the writ of prohibition it will be considered in this opinion.

The single, dispositive issue raised by the County is, did the court err in ordering the writ?

[654]*654The County has no powers except those conferred on it by state law. State ex rel. Taylor v. Superior Court, 2 Wn.2d 575, 579, 98 P.2d 985 (1940). RCW 36.01.0101 enumerates the corporate powers of the counties. Those powers related to solid waste are found in RCW 36.58, and include provisions for establishment of transfer stations (which do not include detachable containers), RCW 36.58.030; solid waste disposal systems, RCW 36.58.040; districts, RCW 36.58.100; and a solid waste collection district, RCW 36.58A.0102 and RCW 36.58A.030.3 Nothing in the record [655]*655indicates Grant County has established a solid waste collection district; therefore any garbage collection system4 operated by the County is without authority.

We now focus on the remedy and whether the writ of prohibition is proper. RCW 7.16.290 provides:

The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, board or person, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board or person.

The statutory writ grants superior courts power to control administrative, legislative or executive acts where those acts exceed the jurisdiction of the board or tribunal. Citizens Coun. Against Crime v. Bjork, 84 Wn.2d 891, 894, 529 P.2d 1072 (1975) (citing Winsor v. Bridges, 24 Wash. 540, 64 P. 780 (1901)); Coughlin v. Seattle Sch. Dist. 1, 27 Wn. App. 888, 892, 621 P.2d 183 (1980). This statutory writ is similar to the authority granted the Supreme Court by article 4, section 4, of the state constitution restraining the exercise of unauthorized judicial or quasi-judicial power. Citizens Coun., at 893; Seattle v. Rohrer, 69 Wn.2d 852, 853, 420 P.2d 687 (1966).

Cases cited by the County, State ex rel. New York Cas. Co. v. Superior Court, 31 Wn.2d 834, 199 P.2d 581 (1948); State ex rel. Ernst v. Superior Court, 198 Wash. 133, 87 P.2d 294 (1939); State ex rel. Bennett v. Taylor, 54 Wash. 150,102 P. 1029 (1909); and State ex rel. Miller v. Superior Court, 40 Wash. 555, 82 P. 877 (1905), involve applications filed directly with the Supreme Court; they are distinguishable from the case at bench — they do not involve an application under RCW 7.16.290.

[656]*656In Barnes v. Thomas, 96 Wn.2d 316, 635 P.2d 135 (1981) petitioner applied for a writ of prohibition to prevent the Department of Social and Health Services from holding a hearing regarding an overpayment. The court, at pages 318-19, affirmed the denial of the writ and stated:

First, we state the long established law that a writ of prohibition is an extraordinary remedy available only where the tribunal is clearly and inarguably acting in a matter where there is an inherent, entire lack of jurisdiction:

the writ of prohibition will only issue where there is no adequate remedy by appeal or otherwise. State ex rel. New York Cas. Co. v. Superior Court, 31 Wn. (2d) 834, 199 P. (2d) 581 [1948]; Rem. Rev. Stat., § 1028 . . . But where the court is attempting to proceed entirely without jurisdiction, we have held that the remedy by appeal is inadequate and prohibition will lie. State ex rel. Western Canadian Greyhound Lines [Ltd.] v. Superior Court, 26 Wn. (2d) 740, 175 P. (2d) 640 [1946].

State ex rel. Munro v. Superior Court, 35 Wn.2d 217, 221, 212 P.2d 493 (1949). See also Alaska Airlines, Inc. v. Molitor, 43 Wn.2d 657, 263 P.2d 276 (1953); RCW 7.16-.300.

Total and inarguable absence of jurisdiction cannot be adequately remedied by appeal. State ex rel. Maurer v. Superior Court, 122 Wash. 555, 211 P. 764 (1922); State ex rel. Waterman v. Superior Court, 127 Wash. 37, 220 P. 5 (1923).

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754 P.2d 1059, 51 Wash. App. 652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/consolidated-disposal-services-inc-v-grant-county-washctapp-1988.