Dumas v. Gagner

971 P.2d 17, 137 Wash. 2d 268, 1999 Wash. LEXIS 71
CourtWashington Supreme Court
DecidedFebruary 4, 1999
DocketNo. 66563-0
StatusPublished
Cited by26 cases

This text of 971 P.2d 17 (Dumas v. Gagner) 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
Dumas v. Gagner, 971 P.2d 17, 137 Wash. 2d 268, 1999 Wash. LEXIS 71 (Wash. 1999).

Opinion

Smith, J.

Appellant Sue Frost seeks direct review of a Benton County Superior Court order annulling and setting aside her election as Commissioner of Port District Number One of the Port of Kennewick because she is not a resident of that District but is a resident of District Number Two.1 We granted review. We reverse.

[272]*272 QUESTION PRESENTED

The question presented in this case is whether the trial court was correct in granting the petition of Respondent Nicholas Dumas to annul and set aside the election of Appellant Sue Frost as a Commissioner of District One of the Port of Kennewick.

STATEMENT OF FACTS

On November 26, 1997, Respondent Nicholas Dumas filed in the Benton County Superior Court a petition claiming that Appellant Bobbie Gagner, Benton County Auditor, as an election officer, committed a wrongful act by certifying the election of Appellant Sue Frost to the office of Commissioner for District Number One of the Port of Ken-newick.2 On December 15, 1997, the court allowed Appellant Frost to intervene.3

In his petition, Respondent claims that Appellant Gagner, as Benton County Auditor, erroneously assigned Appellant Frost to voter precinct W2-P636 in Port Commissioner District Number One, when Appellant’s residence at 4107 West 43rd Avenue is on a lot situated completely within voter precinct W2-P690 and Port Commissioner District Number Two.4 Respondent contends that, because of the erroneous assignment, the Benton County Auditor committed a wrongful act in certifying Appellant Frost’s election as Commissioner for District Number One because RCW 53.12.010(l)(a) provides that “ ‘[o]nly a registered voter who resides in a commissioner district may be a candidate for, or hold office as, a commissioner of the commissioner district . . . .’ ”5

[273]*273The election was certified on November 19, 1997,8 and Respondent Dumas filed his petition on November 26, 1997.6 7

The following diagram illustrates the relative locations of Appellant Frost’s three lots on West 43rd Avenue in Ken-newick, indicating (1) residential property on Lot One at 4107 West 43rd Avenue and (2) contiguous unimproved property designated as Lots Six and Five at 4105 and 4103 West 43rd Avenue:

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[274]*274Respondent asked for a declaratory judgment that the Benton County Auditor committed a wrongful act in placing Appellant Frost in the wrong precinct and that Appellant Frost was not qualified to hold office.8 In addition, Respondent asked the court to set the election aside.9 On December 18, 1997 and January 16, 1998, a hearing on the merits was held in the Benton County Superior Court before the Honorable Dennis D. Yule.10 On February 17, 1998, the court issued a memorandum decision granting the petition.11 On February 25, 1998, Appellant Frost filed a motion to stay enforcement of the judgment.12 A hearing on the motion was held on February 26, 1998.13

On March 2, 1998, the trial court entered its order setting aside and annulling the election of Appellant Frost to the office of Port Commissioner for District Number One.14 The court concluded, as a matter of law, that Appellant Frost resides in Port Commissioner District Number Two, and not in District Number One; and consequently the Benton County Auditor erroneously issued a certificate of election to Appellant Frost.15 The court also allowed a thirty-day stay to permit the parties to seek a stay of the judgment pending appeal.16

On March 3, 1998, the court signed Amended Findings of Fact and Conclusions of Law as follows:17

[275]*275Findings of Fact

1. At all pertinent times the western boundary of that portion of Port of Kennewick Commissioner District Number One which includes section 15, T8N, R29E, WM, has been and is the section line between sections 15 and 16, T8N, R29E, WM.
2. At all pertinent times the western boundary of voting precinct W2-P636, separating it from voting precinct W2-P690 immediately to the west, has been and is the section line between sections 15 and 16.
3. Union Street in the city of Kennewick runs north and south; its center line is the section line separating sections nine and ten immediately north of sections 15 and 16 and separating sections 15 and 16 to the point where Union Street ends at its intersection with 27th Avenue, If Union Street were extended as a straight line south from that intersection it would run along the western boundary of section 15 and voting precinct W2-P636.
4. During or before 1992 Frost acquired Lots five and six, block four, Canyon Lakes Number 11, Phase Two, and Lot one, Canyon Lakes South Hill, Phase One. The three lots are adjacent to each other, forming a row of three lots running east and west, so that the eastern boundary of Lot one is the western boundary of Lot six, and the eastern boundary of Lot six is the western boundary of Lot five. The three lots are bounded on the north by West 43rd Avenue. The section line separating sections 15 and 16 constitutes the boundary line which separates Lot one from Lot six. Lot one is in section 16; Lots six and five are in section 15.
5. In 1992 Frost began planning and construction of houses on the above described property. Early preliminary plans called for a house (variously referred to as an office/ maid’s quarters and as a guest house) to be constructed principally on Lot six with a portion extending westerly onto Lot one and a larger, main house to be constructed on Lot one. The plans were later modified to locate both houses entirely on Lot one.
6. When construction began on the houses, West 43rd Avenue extended west only to approximately the boundary between Lots one and six, where it terminated in a turn around. [276]*276No completed street then bordered Lot one. Access to construction of the houses on Lot one was by a temporary driveway from West 43rd Avenue entering the property at approximately the boundary between Lots six and five and proceeding across Lot six to the construction sites.
7. During or after construction of the houses, West 43rd Avenue was extended west along the northern boundary of Lot one. Since then access to the three lots has been provided solely by a driveway from West 43rd Avenue onto Lot one.
8. Frosts’s [sic] property lies within the city limits of the City of Kennewick, and the Kennewick billing official responsible for determining and assigning street addresses to new properties assigned the addresses 4103 West 43rd Avenue, 4105 West 43rd Avenue and 4107 West 43rd Avenue to Lots five, six and one, respectively.
9.

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Bluebook (online)
971 P.2d 17, 137 Wash. 2d 268, 1999 Wash. LEXIS 71, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dumas-v-gagner-wash-1999.