Kightlinger v. Public Utility Dist. No. 1

81 P.3d 876
CourtCourt of Appeals of Washington
DecidedDecember 16, 2003
Docket29296-3-II
StatusPublished
Cited by11 cases

This text of 81 P.3d 876 (Kightlinger v. Public Utility Dist. No. 1) 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
Kightlinger v. Public Utility Dist. No. 1, 81 P.3d 876 (Wash. Ct. App. 2003).

Opinion

81 P.3d 876 (2003)
119 Wash.App. 501

Garth KIGHTLINGER, Gary Scarbrough, Sid Sutherland, and Mark Williams, Respondents,
v.
PUBLIC UTILITY DISTRICT NO. 1 OF CLARK COUNTY, a/k/a Clark Public Utilities, Appellants.

No. 29296-3-II.

Court of Appeals of Washington, Division 2.

December 16, 2003.

*878 Donald Stewart Cohen, Gordon, Thomas, Honeywell et al., Joan C. Foley, Attorney at Law, Seattle, WA, for Appellant.

Ben Shafton, Attorney at Law, Vancouver, WA, for Respondent.

Richard Allan Finnigan, Attorney at Law, Olympia, WA, for Amicus Curiae WA Independent Telephone Assoc.

*877 ARMSTRONG, J.

Garth Kightlinger[1] and several other Clark County taxpayers (the Taxpayers) sued Public Utility District No. 1 of Clark County, alleging that the PUD lacked statutory authority to engage in the business of repairing appliances other than those it sells or leases. Both parties moved for summary judgment; the trial court granted the Taxpayers' motion. On appeal, the PUD contends it has implied authority to operate the *879 repair business. In addition, it argues there is no justiciable controversy, the Taxpayers lack standing to challenge PUD's longtime repair business, and laches bars the Taxpayers' action. We find no error and, therefore, affirm.

FACTS

Although the PUD's primary business is selling and distributing electricity, it has repaired appliances for over 60 years. The PUD repairs major appliances such as central forced air furnaces and air conditioning, heat pumps, baseboard heating, and ovens. Some of their services are not offered by anyone else in the county, and most repair service customers are also electric customers. The PUD offers the service to promote conservation and energy efficiency. The PUD also points out that customers are happy with their repair service. But the program apparently has been losing money. And the PUD recently raised their repair rates to help cover the losses.

In 1998, the Washington State Attorney General's Office (AG) issued an opinion that the PUD did not have legal authority to repair appliances other than those it sold or leased. The opinion stirred public interest, and Vancouver's daily newspaper published a number of articles and letters to the editor on the repair business. State legislation on the issue was introduced in 2001, but it did not pass. After the AG opinion, the Taxpayers waited for the PUD to "do the right thing" and discontinue its appliance repair service. Clerk's Papers (CP) at 167. When the PUD continued to repair appliances, the Taxpayers asked the AG to sue the PUD, but the AG declined.

The Taxpayers sued on May 11, 2001, seeking declaratory relief and to enjoin the repair business. The trial court granted Taxpayers' summary judgment. In its injunction, it declared that the PUD "does not have the statutory authority to engage in the business of repairing electrical appliances other than those it sells or leases." CP at 334.

ANALYSIS

I. Justiciable Controversy

The PUD asserts that no justiciable controversy exists because the Taxpayers do not claim any economic injury. The Taxpayers argue that their taxpayer status gives them sufficient interest in the subject matter to sue. Further, according to the Taxpayers, justiciability is not required where the issue is of major public importance.

A court will hear a declaratory judgment action only when a justiciable controversy exists or an issue of major public importance is involved. DiNino v. State ex rel. Gorton, 102 Wash.2d 327, 330, 684 P.2d 1297 (1984). A justiciable controversy is: (1) an actual, present, and existing dispute; (2) between parties having genuine and opposing interests; (3) that involves interests that are direct and substantial, rather than potential, theoretical, abstract, or academic; and (4) a judicial determination will be final and conclusive. Diversified Indus. Dev. Corp. v. Ripley, 82 Wash.2d 811, 815, 514 P.2d 137 (1973) (citations omitted).

Here, the parties have an actual, present, and existing dispute: whether the PUD has legal authority to repair appliances. This dispute is not hypothetical or speculative. Diversified Indus. Dev. Corp., 82 Wash.2d at 815, 514 P.2d 137. The parties also have "genuine and opposing interests," which are both direct and substantial. CP at 343. The PUD has an interest in continuing its repair services to serve customers and maintain its employees. The Taxpayers have an interest in assuring that the PUD does not spend their tax dollars to repair appliances (especially since it appears to be losing money). Finally, a judicial determination of the dispute would be final and conclusive.

But even if no justiciable controversy exists, the court may hear a declaratory judgment action if the issue is of major public importance. DiNino, 102 Wash.2d at 330, 684 P.2d 1297. The PUD and the Taxpayers disagree about whether the PUD's authority to engage in appliance repair is of widespread public interest. The PUD contends that it is of local interest only, pointing out that it is the only PUD in the State to *880 operate such a repair program. The Taxpayers counter that media scrutiny in Vancouver was intense, the state auditor sought an AG opinion on the issue, and the issue made it to the state legislature in 2001. We conclude that the issue is of widespread public interest because of the media coverage in Clark County and because of the possibility that other PUD's statewide may be interested in repairing appliances.

II. Standing

Under the Uniform Declaratory Judgment Act, standing and justiciability requirements tend to overlap. Amalgamated Transit Union Local 587 v. State, 142 Wash.2d 183, 203, 11 P.3d 762 (2000), 27 P.3d 608 (2001). Inherent in justiciability requirements are the traditional limiting doctrines of standing, mootness, and ripeness. To-Ro Trade Shows v. Collins, 144 Wash.2d 403, 411, 27 P.3d 1149 (2001), cert. denied, 535 U.S. 931, 122 S.Ct. 1304, 152 L.Ed.2d 215 (2002). The PUD contends that the Taxpayers lack standing because they have not demonstrated that they are "within the zone of interests to be protected or regulated" and because they have suffered no harm, citing Save A Valuable Environment (SAVE) v. City of Bothell, 89 Wash.2d 862, 576 P.2d 401 (1978). App. br. at 14. The Taxpayers assert that, as taxpayers, they need show no specific injury to have standing.

The PUD, citing American Legion Post No. 32 v. City of Walla Walla, 116 Wash.2d 1, 802 P.2d 784 (1991), and Greater Harbor 2000 v. City of Seattle, 132 Wash.2d 267, 937 P.2d 1082 (1997), also argues that taxpayer status is insufficient to confer standing without showing the violation of a unique right or interest. We disagree.

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