National Electrical Contractors Ass'n v. Seattle School District No. 1

400 P.2d 778, 66 Wash. 2d 14, 1965 Wash. LEXIS 812
CourtWashington Supreme Court
DecidedApril 8, 1965
DocketNo. 37262
StatusPublished
Cited by36 cases

This text of 400 P.2d 778 (National Electrical Contractors Ass'n v. Seattle School District No. 1) 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
National Electrical Contractors Ass'n v. Seattle School District No. 1, 400 P.2d 778, 66 Wash. 2d 14, 1965 Wash. LEXIS 812 (Wash. 1965).

Opinions

Hill, J.

Seattle School District No. 1, confronted with the imperative need for a new electrical switchboard at its Edison Vocational School, advertised for bids for the furnishing of the switchboard. May 29, 1963, the contract was awarded to North Coast Electric Company on its bid of $10,600. The School District had already decided to perform the necessary installation work through its own maintenance department1 without advertising for bids for such installation. On July 29, 1963, it commenced work on the installation.

The plaintiff, National Electrical Contractors Association, Puget Sound Chapter, a corporation, having previously insisted that bids for the installation were required, commenced this action, together with a tax-paying husband and wife, July 30, 1963, alleging that the cost of the acquisition and installation of the switchboard would exceed $2,500; that the School District, unless restrained, would proceed to do the work of installation without advertising for bids or letting a contract; and that this would be an attempt to circumvent RCW 28.58.135 (Laws of 1961, ch. 224).2

It was essential that the new switchboard be installed by the time school opened in early September, and the litigants cooperated to secure an immediate hearing.

August 12, the trial court made and entered findings of fact and conclusions of law; and enjoined the School District from

further proceeding in any manner with the installation of the electrical switchboard . . . through the services of its own maintenance department or in any manner other than by advertising for bids for a contract with an independent contractor in accordance with Chapter 224 of the Laws of the State of Washington of 1961.

[16]*16On the same day the trial court refused to approve a supersedeas bond. On application to this court for an order of supersedeas, it appeared that if bids were called for and a contract let, the work of installation could not be completed until some time after the opening of school, which would constitute a great detriment and injury to the School District’s program of vocational education and to the students participating therein.

The Chief Justice therefore superseded the permanent injunction, pending the appeal, conditioned upon the School District filing a supersedeas bond in the sum of $5,000; and all parties agreed that “the issues on appeal shall not hereby be rendered moot ... by performance of the work”; and this statement was made a part of the order granting supersedeas. The work was completed3 4in time for the opening of school on September 4.

The appeal was heard on the merits May 19, 1964, and two principal issues were presented. The first involved a question of statutory interpretation, i.e., whether under the wording of RCW 28.58.135* the acquisition and installation [17]*17of the new electrical switchboard constituted a single improvement, or whether there could be a segregation with the $2,500 limitation in the statute applying to the installation.

If it was decided that the installation was separate from the acquisition and could be done by the School District, if within the $2,500 limitation, then the second issue had to be considered, i.e., what showing did the plaintiffs have to make to be entitled to an injunction preventing the School District from proceeding with the work? The plaintiffs argued: The trial court having found that the “reasonable cost of the installation thereof is, and at all times material has been known to the Board of Directors of said School District to be in excess of $2,500,” the School District had no right to proceed.

The School District argued: The School District having made its determination that the installation could be made for less than $2,500, the test for granting an injunction was not whether they were wrong in their estimate, but whether they had acted arbitrarily, capriciously, or fraudulently.

This court, however, was not content with the discussion of these issues and raised the further issue of mootness by questions from the bench. A rehearing was ordered, limited to that issue, which rehearing was on October 26, 1964.

Obviously, the electrical switchboard has been installed and is in use. Whether the Seattle School District should have been enjoined from doing that work is a matter of interest and concern so far as future installations are concerned, but is of only academic interest insofar as the present litigation is concerned.

The fact that this issue is moot does not necessarily divest the court of jurisdiction, although we have quite consistently dismissed appeals which have become moot [18]*18and declined to give advisory opinions. Cooper v. Department of Institutions, 63 Wn.2d 722, 388 P.2d 925 (1964); Rosling v. Seattle Bldg. & Constr. Trades Council, 62 Wn.2d 905, 385 P.2d 29 (1963); State v. International Typographical Union, 57 Wn.2d 151, 356 P.2d 6 (1960); Hansen v. West Coast Wholesale Drug Co., 47 Wn.2d 825, 289 P.2d 718 (1955); Friendly Finance Corp. v. Koster, 45 Wn.2d 374, 274 P.2d 586 (1954).

Our decisions on this point date back to State ex rel. Coiner v. Wickersham, 16 Wash. 161, 47 Pac. 421 (1896). A long list of similar holdings may be found in the dissent in In re Ellern, 23 Wn.2d 219 at pages 227, 228, 160 P.2d 639 (1945).

Appeals in other jurisdictions have been retained, even though moot, inasmuch as matters of “public interest” were involved, particularly when it was important that a particular statute be correctly construed or when the final determination of a particular question was essential in guiding the conduct of public officials. In Pallas v. Johnson, 100 Colo. 449, 450, 68 P.2d 559, 110 A.L.R. 1403 (1937), the question was presented whether the Colorado State Purchasing Agent had acted within his authority in accepting a bid other than the lowest bid on a contract for the plumbing and heating work on a state building. A statute required the contract be awarded “ ‘to the lowest responsible bidder, taking into consideration the location of the institution or agency! " The reason assigned for not letting the contract to the lowest bidder was that it was an “open shop” concern, and that the completion of the entire project would be delayed by labor difficulties if such bid was accepted. The plaintiff, a taxpayer, sought to enjoin the state from proceeding under the accepted and higher bid. By the time the case reached the Supreme Court, it was reported that the work had been or was nearly completed. The court said:

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Bluebook (online)
400 P.2d 778, 66 Wash. 2d 14, 1965 Wash. LEXIS 812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-electrical-contractors-assn-v-seattle-school-district-no-1-wash-1965.