Silver Shores Mobile Home Park, Inc. v. City of Everett

555 P.2d 993, 87 Wash. 2d 618, 1976 Wash. LEXIS 689
CourtWashington Supreme Court
DecidedNovember 4, 1976
DocketNo. 43900
StatusPublished
Cited by14 cases

This text of 555 P.2d 993 (Silver Shores Mobile Home Park, Inc. v. City of Everett) 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
Silver Shores Mobile Home Park, Inc. v. City of Everett, 555 P.2d 993, 87 Wash. 2d 618, 1976 Wash. LEXIS 689 (Wash. 1976).

Opinion

Wright, J.

This is an appeal by the appellant, City of Everett, from a superior court judgment holding ordinance No. 4340 void by reason of being unreasonable. The ordinance in question established rates to be charged users of the municipal sewer system in a portion of the city.

The appellant had long been furnishing sewer service to property within the city. Prior to 1960 all sewer construction had been financed by local improvement districts. Starting in 1960 the City adopted a different method of financing the sewer construction—selling revenue bonds. Customers in areas wherein sewer construction was financed by revenue bonds were charged a sum, known as a “construction charge,” to cover the building of the system and a sum, known as a “service charge,” to cover operation of treatment plants, maintenance, and other costs excluding construction.

The service charge was the same in all parts of the city, and it is not challenged. The question herein relates solely to the construction charge.

In 1960 there was established Bond Area I, and Bond Area II was established in 1963. In both Bond Area I and Bond Area II, the charges for construction were computed on the front footage of the property, and this has not been challenged.

Construction of a sewer system in Bond Area III started in 1968. That was an area of sparse population and much underdeveloped property. An unusually high percentage of the population in that area was in apartment complexes and mobile home courts.

Obviously, a tract of land occupied by an apartment [620]*620house or a mobile home court will contain a much higher number of living units, and, therefore, a higher number of persons per front foot of property than will a tract occupied by a single family residence. In Bond Area III the use of a sewer rate computed on front footage would have resulted in extremely high rates being charged to single family residences—up to $25 to $30 per month per single family residence.

After considerable study it was determined that water use was a fair index of sewer use. It was further determined that the average unit in an apartment house would produce 90 percent of the sewage that could be expected from an average single family dwelling unit. As a result of that calculation it was determined that each apartment unit in a multiple family dwelling complex should pay $4.50 per unit per month, and each unit in a mobile home court should pay $5 per stall per month.

Respondents instituted this action alleging the construction charge assessed against them in Bond Area III was so high as to be unreasonable and invalid. Respondents sought injunctive relief and damages in addition to recovery of all payments made into the construction fund under the terms of ordinance No. 4340. The trial court entered a judgment declaring the ordinance to be void. The City appealed to the Court of Appeals and the matter was transferred to this court.

Respondents claim, inter alia, that the provision of ordinance No. 4340, relating to apartment houses, which said “$4.50/ea.” means $4.50 per month for the entire complex. Such a contention does accord the literal wording of the ordinance. While the literal reading of a statute or ordinance is usually controlling, such is not the case if the literal language is not in accord with the obvious legislative intent. In Lenci v. Seattle, 63 Wn.2d 664, 671, 388 P.2d 926 (1964), we quoted with approval from In re Horse Heaven Irr. Dist., 11 Wn.2d 218, 226, 118 P.2d 972 (1941), as follows:

“It is a rule of such universal application as to need no [621]*621citation of sustaining authority that no construction should be given to a statute which leads to gross injustice or absurdity.”

See also Cory v. Nethery, 19 Wn.2d 326, 142 P.2d 488 (1943); Murphy v. Campbell Inv. Co., 79 Wn.2d 417, 486 P.2d 1080 (1971); Yakima First Baptist Homes, Inc. v. Gray, 82 Wn.2d 295, 510 P.2d 243 (1973). After careful examination of this contention of respondents, we find the obvious legislative intent must control.

Respondents’ primary contention, however, deals with the claimed invalidity of ordinance No. 4340 by reason of unreasonableness and violation of equal protection.

The authority of the City of Everett in the matter of sewer rates is derived from acts of the legislature which have been codified as RCW 35.67.020, .190 and 35.92.020.

RCW 35.67.020 reads in pertinent part:

In classifying customers served or service furnished by such system of sewerage, the city or town legislative body may in its discretion consider any or all of the following factors: The difference in cost of service to the various customers; the location of the various customers within and without the city or town; the difference in cost of maintenance, operation, repair, and replacement of the various parts of the system; the different character of the service furnished various customers; the quantity and quality of the sewage delivered and the time of its delivery; capital contributions made to the system, including but not limited to, assessments; and any other matters which present a reasonable difference as a ground for distinction.

RCW 35.67.190 reads in pertinent part:

In classifying customers served or service furnished by such system of sewerage, the city or town legislative body may in its discretion consider any or all of the following factors: The difference in cost of service to the various customers; the location of the various customers within and without the city or town; the difference in cost of maintenance, operation, repair, and replacement of the various parts of the system; the different character of the service furnished various customers; the quantity, and quality of the sewage delivered and the time of its [622]*622delivery; capital contributions made to the system, including but not limited to, assessments; and any other matters which present a reasonable difference as a ground for distinction.

RCW 35.92.020 reads in pertinent part:

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Bluebook (online)
555 P.2d 993, 87 Wash. 2d 618, 1976 Wash. LEXIS 689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silver-shores-mobile-home-park-inc-v-city-of-everett-wash-1976.