Farris v. Munro

662 P.2d 821, 99 Wash. 2d 326, 1983 Wash. LEXIS 1493
CourtWashington Supreme Court
DecidedApril 21, 1983
Docket48806-1
StatusPublished
Cited by50 cases

This text of 662 P.2d 821 (Farris v. Munro) 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
Farris v. Munro, 662 P.2d 821, 99 Wash. 2d 326, 1983 Wash. LEXIS 1493 (Wash. 1983).

Opinions

Brachtenbach, J.

This case involves a challenge to the recently established state lottery. That challenge resulted in a petition for a writ of mandamus to declare the lottery statute unconstitutional and compel the Secretary of State to accept petitioner's filing of a proposed referendum opposing the statute. We denied the petition on the day of oral argument, concluding that the original constitutional amendment allowing lotteries, the 56th amendment, is constitutional and that the lottery act is exempt from referenda under the terms of the 7th amendment. Const. art. 2, § 24 (amend. 56); Const. art. 2, § 1 (amend: 7).

The disputed legislation was passed during an extraordinary session of the Legislature called by the Governor in response to a "fiscal and budgetary crisis." In calling the session, the Governor requested the Legislature to "modify laws relating to the revenue and expenditures of the state." The Legislature responded in part by passing the state lottery bill on July 1, 1982, codified as RCW 67.70.010-.903 (hereinafter Act). The Act created a statewide lottery system under the administration of a director and a 5-member commission. The commission is directed to "produce the maximum amount of net revenues for the state consonant with the dignity of the state and the general welfare of the people." RCW 67.70.040(1). Annual gross revenues from the lottery are to be distributed as follows: (1) at least 45 percent to be paid as prizes; (2) at least 40 percent to be transferred to the state general fund; and (3) no more than 15 percent to pay for the costs of administration. RCW 67.70.040(1)(k).

The petitioner, Michael Farris, opposed the Act and attempted to have it submitted to the voters in the form of a referendum. This state's referendum provisions empower the people to approve or reject laws passed by the Legislature. Const. art. 2, § 1; Trautman, Initiative and Referendum in Washington: A Survey, 49 Wash. L. Rev. 55 (1973). [329]*329On July 7, 1982, an initial referendum petition was submitted to respondent Secretary of State, as required under RCW 29.79.010. The Secretary of State refused to accept that initial petition since Governor Spellman had not signed the bill. Petitioner then filed a petition in this court for a writ of mandamus, which initiated a series of petitions and hearings. The parties ultimately agreed to allow petitioner to submit a third amended petition. This final petition added Governor Spellman as a respondent, sought an injunction against enforcement of the Act, and reiterated the claim that the Act was unconstitutional.

The first issue is whether petitioner had standing to challenge the constitutionality of the State Lottery Act. Petitioner characterizes himself as a taxpayer, allegedly attempting to restrain the unlawful expenditure of state funds. In Washington, absent statutory authorization, a taxpayer does not have standing to challenge the legality of the acts of public officers unless he first requests or demands that a proper public official bring suit on behalf of all taxpayers. Tacoma v. O'Brien, 85 Wn.2d 266, 269, 534 P.2d 114 (1975); Reiter v. Wallgren, 28 Wn.2d 872, 876-77, 184 P.2d 571 (1947). Once such a request is refused, the taxpayer has standing to bring the suit. An exception to this demand requirement allows a party to allege facts showing that such a demand would have been useless. Reiter v. Wallgren, supra at 877-78. In the instant case, petitioner failed to make a request upon the Attorney General to bring suit, and does not allege any facts indicating that such a request would have been useless. He instead argues that because the Attorney General is the opposing counsel in this case, defending the validity of the Act, it obviously would have been useless to request that the Attorney General bring suit to oppose the same Act. That argument, however, ignores this court's explicit holding that even though the Attorney General is defending against the taxpayer's suit such a demand is not considered useless. Reiter v. Wallgren, supra at 877-78. The Reiter court reached that conclusion because such a defense is part of [330]*330the Attorney General's statutory duties, and in some instances the Attorney General must both prosecute and defend a suit. See, e.g., State ex rel. Troy v. Yelle, 27 Wn.2d 99, 176 P.2d 459, 170 A.L.R. 1425 (1947); RCW 43.10.030.

Despite petitioner's failure to satisfy these standing requirements, he raised an issue vital to the state revenue process that remained unresolved at the time of this suit and might have affected a measure on the November 1982 ballot. Thus, the case presented issues of significant public interest that, by analogy to other decisions, allow this court to reach the merits. In suits not involving taxpayers this court has recognized that standing questions should be analyzed in terms of the public interests presented.

Where a controversy is of serious public importance and immediately affects substantial segments of the population and its outcome will have a direct bearing on the commerce, finance, labor, industry or agriculture generally, questions of standing to maintain an action should be given less rigid and more liberal answer.

Washington Natural Gas Co. v. PUD 1, 77 Wn.2d 94, 96, 459 P.2d 633 (1969); accord, Vovos v. Grant, 87 Wn.2d 697, 701, 555 P.2d 1343 (1976). In another context, we recently decided to not dismiss a case for failure to join an indispensable party and instead reached the substantive issue presented where that

issue is a matter of continuing and substantial interest, it presents a question of a public nature which is likely to recur, and it is desirable to provide an authoritative determination for the future guidance of public officials.

Cathcart-Maltby-Clearview Comm'ty Coun. v. Snohomish Cy., 96 Wn.2d 201, 208, 634 P.2d 853 (1981). That rationale is derived from some of our decisions involving moot questions, e.g., In re Patterson, 90 Wn.2d 144, 149, 579 P.2d 1335 (1978), and similar considerations lead us to address the substantive issues presented here.

The initial argument is that the Act is unconstitutional because the 56th amendment, which allows lotteries, [331]*331was invalidly adopted since it included two subjects when submitted to the voters. The language of the 37th amendment prohibits the adoption of dual subject amendments:

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Bluebook (online)
662 P.2d 821, 99 Wash. 2d 326, 1983 Wash. LEXIS 1493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farris-v-munro-wash-1983.