Snohomish County Fire Prot. Dist. v. Brb

87 P.3d 1187
CourtCourt of Appeals of Washington
DecidedApril 5, 2004
Docket49629-8-I
StatusPublished

This text of 87 P.3d 1187 (Snohomish County Fire Prot. Dist. v. Brb) 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
Snohomish County Fire Prot. Dist. v. Brb, 87 P.3d 1187 (Wash. Ct. App. 2004).

Opinion

87 P.3d 1187 (2004)

SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 1, a municipal corporation, Appellant,
v.
WASHINGTON STATE BOUNDARY REVIEW BOARD FOR SNOHOMISH COUNTY and City of Everett, a municipal corporation, Respondent.

No. 49629-8-I.

Court of Appeals of Washington, Division 1.

April 5, 2004.

Brian K. Snure, Clark B. Snure, Des Moines, WA, for Appellant.

Jason J. Cummings, Snohomish Co. Prosecutor, Everett, WA, Michael H. Himes, Richard E. McCann, Perkins Coie LLP, Katrina R. Kelly, Seattle, WA, for Respondent.

*1188 COLEMAN, J.

The property owner petition method of annexation has been held not to violate the privileges and immunities clause of the Washington Constitution in Grant County Fire Prot. Dist. 5 v. City of Moses Lake, 150 Wash.2d 791, 83 P.3d 419 (2004), which vacated its earlier decision holding that method to be unconstitutional in 145 Wash.2d 702, 42 P.3d 394 (2002). Thus, the Washington State Boundary Review Board for Snohomish County (BRB) decision approving the City of Everett's annexation of the Murphy's Corner area using this method is not invalid on this ground.

The City's annexation is also challenged on the grounds that the BRB lacked jurisdiction to consider the annexation because a mandatory 180-day filing period for the City's notice of intention to annex had expired and the petition failed to conform to statutory criteria. We hold that there was no violation because the 180-day filing period began to run upon the filing of the 75 percent property owner petition, not the 10 percent petition, because only the 75 percent petition is required to contain the information necessary for proper BRB review. Because the appellant failed to raise its remaining arguments before the BRB, they are deemed waived. We affirm the BRB.

FACTS

A group of property owners in Murphy's Corner, an area immediately south of the Everett city boundary, initiated annexation proceedings in 1998. On November 4, 1998, the property owners first filed a notice with the City of their intention to commence annexation proceedings. That notice, approved by the City on November 18, 1998, was signed by the owners of not less than 10 percent in value of the property to be annexed (the "10 percent petition"). The property owners then gathered signatures on an annexation petition, which contained the signatures of the owners of at least 75 percent of the assessed value of the property in the area to be annexed, as required by RCW 35.13.130 ("75 percent petition"). The 75 percent petition was stamped "received" by the City on November 3, 1999, and verified by the Snohomish County Assessor on November 4, 1999. The City passed a resolution accepting the 75 percent petition, and on February 24, 2000, it filed with the BRB its notice of intention to annex Murphy's Corner.

The Snohomish County Fire Protection District 1 filed a request for review of the proposed annexation with the BRB. The District challenged the annexation on a number of bases, including the constitutionality of the property owner petition method of annexation and the timeliness of the City's notice to the BRB. Following a public hearing, the BRB approved the annexation. In its appeal to the superior court, the District refined its constitutional argument to include a challenge under article I, section 12, of the Washington Constitution—the privileges and immunities clause. The superior court affirmed the BRB.

DISCUSSION

We begin with an overview of the landowner petition process. Two separate petitions are required under the petition method of annexation. The process begins with the presentation of a petition signed by the owners of at least ten percent of the assessed value of property within the area to be annexed. RCW 35.13.125.[1] The purpose of the *1189 10 percent petition is to "notify the legislative body of the city or town in writing of [the petitioners'] intention to commence annexation proceedings." RCW 35.13.125. The city may accept, reject, or modify the 10 percent petition. RCW 35.13.125. If the city accepts the petition, the city must indicate

whether it shall require the simultaneous adoption of the comprehensive plan if such plan has been prepared and filed for the area to be annexed as provided for in RCW 35.13.177 and 35.13.178, and whether it shall require the assumption of all or of any portion of existing city or town indebtedness by the area to be annexed.

RCW 35.13.125. The next step in the process after approval is to circulate the annexation petition, or "75 percent petition." As the name implies, this second petition requires the signatures of the owners of at least 75 percent of the assessed value of the property within the area to be annexed. RCW 35.13.130. The 75 percent petition must describe the property to be annexed more explicitly than the 10 percent petition, in accordance with six criteria set forth in RCW 35.13.130.[2] This includes a legal description of the property. When this petition is filed with the city, the city's governing body must set a public hearing on the annexation. RCW 35.13.140. Following the public hearing, the governing body adopts or rejects the annexation petition by ordinance. RCW 35.13.150.

This method of annexation has been held not to violate article I, section 12 of the Washington Constitution. See Grant County, 150 Wash.2d at 816, 83 P.3d 419. We therefore reject the District's challenge to the constitutionality of the property owner petition method.

The District further argues that the BRB did not have jurisdiction to review the annexation petition because the City did not file its notice of intention with the Board within 180 days of its approval of the 10 percent petition. The City responds that the approval of a 10 percent petition does not start the 180 day limitation period and that the City's notice of intention was timely because it was filed within 180 days of the approval of the 75 percent petition.

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Bluebook (online)
87 P.3d 1187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snohomish-county-fire-prot-dist-v-brb-washctapp-2004.