Housing Authority v. City of Pasco

86 P.3d 1217, 120 Wash. App. 839, 2004 Wash. App. LEXIS 561
CourtCourt of Appeals of Washington
DecidedMarch 25, 2004
DocketNo. 21847-3-III
StatusPublished
Cited by2 cases

This text of 86 P.3d 1217 (Housing Authority v. City of Pasco) 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
Housing Authority v. City of Pasco, 86 P.3d 1217, 120 Wash. App. 839, 2004 Wash. App. LEXIS 561 (Wash. Ct. App. 2004).

Opinion

Kato, A.C.J.

— In 1981, the City of Pasco (Pasco) and Franklin County formed a Joint Housing Authority (JHA). In 2002, Pasco passed an ordinance dissolving JHA and another ordinance creating a new housing authority. JHA then sought an injunction to restrain Pasco from implementing these ordinances. The court granted a temporary injunction and later determined that the ordinances were invalid on cross motions for summary judgment. We affirm.

Chapter 35.82 RCW authorizes local governments to activate local housing authorities. In 1942, Pasco activated the Pasco Housing Authority. Pasco is also a code city with all its attendant powers under RCW 35A.11.010 and RCW 35A.11.020.

The legislature in 1980 also authorized the formation of joint city/county housing authorities. RCW 35.82.300. In 1981, pursuant to RCW 35.82.300, Pasco and Franklin County formed JHA. The enacting ordinance specified that JHA would operate “until such time as the governing body of either the City of Pasco or Franklin County shall pass an ordinance dissolving the same.” Clerk’s Papers (CP) at 18. The Pasco Housing Authority merged into JHA at this time.

[842]*842In 2002, the Pasco City Council passed Resolution No. 2656 establishing a goal of small neighborhood rehabilitation. To achieve this goal, the city manager directed the city planning director to develop a strategy and budget to implement the rehabilitation project. The planning director prepared a report indicating the project was beyond the capabilities of existing city staff. The report noted that the activities involved in the rehabilitation project were traditionally the functions of an urban renewal agency.

The legislature had recently amended Washington’s Urban Renewal Act, chapter 35.81 RCW, to allow local governments to designate local housing authorities as Community Renewal Agencies (CRA). JHA had the expertise and staff to fill the role of a CRA. But the planning director did not believe JHA would agree to address this project because the needs were specific to Pasco. The report recommended dissolving JHA and then recreating the original Pasco Housing Authority with an expanded charter to designate it as Pasco’s CRA.

On November 18, 2002, the Pasco City Council passed Ordinance No. 3580 in which the city withdrew from, and effectively dissolved, JHA. It also approved Ordinance No. 3581 establishing a new housing authority, the City of Pasco Community Renewal and Housing Authority (CREA).

JHA considered improper Pasco’s unilateral dissolution of the authority. On November 21, JHA sought an order for immediate and preliminary injunctive relief enjoining Ordinance Nos. 3580 and 3581 from taking full force and effect. It also sought a judgment declaring both ordinances null and void.

On November 26, 2002, the court enjoined Pasco from implementing the ordinances. This order was to remain in effect until ruling on pending cross motions for summary judgment. The court thereafter determined the ordinances were unenforceable and granted JHA’s motion. Pasco appeals.

[843]*843Municipal ordinances are presumed to be validly enacted. City of Bothell v. Gutschmidt, 78 Wn. App. 654, 660, 898 P.2d 864 (1995). The entity challenging the ordinance has the burden to show by clear, cogent, and convincing evidence that the ordinance was not validly enacted. Id. Moreover, an ordinance is presumed constitutional; the party asserting otherwise has the burden of proof. Brown v. City of Yakima, 116 Wn.2d 556, 559, 807 P.2d 353 (1991). An ordinance is invalid if “(1) a general statute preempts city regulation of the subject or (2). . . the ordinance directly conflicts with a statute.” Heinsma v. City of Vancouver, 144 Wn.2d 556, 561, 29 P.3d 709 (2001). A city is preempted from enacting an ordinance if the legislature has stated, either expressly or by implication, its intent to preempt the area. Id.

The legislature has indicated that municipalities have the power under chapter 35.82 RCW to enact housing authorities, thus expressing that it did not intend to preempt this area. The question is whether the ordinance is in conflict with a statute. An ordinance is invalid because of conflict only if it “ ‘directly and irreconcilably conflicts with the statute.’ ” Heinsma, 144 Wn.2d at 564 (quoting Brown, 116 Wn.2d at 561).

Chapter 35.82 RCW permits cities to activate housing authorities. RCW 35.82.010, .030. The purpose of this chapter is to recognize the need to provide sanitary dwelling accommodations for low-income persons and to provide a way to meet that need. Pierce County Hous. Auth. v. Murrey’s Disposal Co., 86 Wn. App. 138, 142, 936 P.2d 1 (1996) (citing RCW 35.82.080), review denied, 131 Wn.2d 1012 (1997).

There is nothing in chapter 35.82 RCW specifically authorizing Pasco to do what it did. On the other hand, RCW 35.82.320 does provide a procedure for deactivating a housing authority:

A housing authority created under this chapter and activated by a resolution by the governing body of a city, town, or [844]*844county may be deactivated by a resolution by the city, town, or county. The findings listed in RCW 35.82.030 to activate the housing authority shall be considered prior to deactivating the housing authority.

“Deactivate” means “to make inactive or ineffective.” Webster’s Third New International Dictionary 579 (1993). A deactivation is not what happened here.

Pasco did not determine its residents no longer needed a housing authority; rather, it just decided to create a different one. It did not make its housing authority inactive or ineffective. Pasco simply changed its composition. RCW 35.82.320 provides a procedure for a municipality to eliminate a housing authority when the need for one no longer exists. The statute does not, however, authorize the dissolution of one housing authority in favor of another. Contrary to Pasco’s argument, RCW 35.82.320 provides no support for its actions.

Chapter 35.82 RCW does not give Pasco the authority to act as it did.

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Related

Lawson v. City of Pasco
144 Wash. App. 203 (Court of Appeals of Washington, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
86 P.3d 1217, 120 Wash. App. 839, 2004 Wash. App. LEXIS 561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/housing-authority-v-city-of-pasco-washctapp-2004.