Snohomish County v. Shorelines Hearings Board

32 P.3d 1034, 108 Wash. App. 781
CourtCourt of Appeals of Washington
DecidedOctober 15, 2001
DocketNo. 47346-8-I
StatusPublished
Cited by5 cases

This text of 32 P.3d 1034 (Snohomish County v. Shorelines Hearings Board) 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 v. Shorelines Hearings Board, 32 P.3d 1034, 108 Wash. App. 781 (Wash. Ct. App. 2001).

Opinions

Appelwick, J.

The Shorelines Hearings Board (SHB) did not err in ruling that service of a copy of a shoreline permit appeal on Snohomish County’s (County) Planning Department complied with the requirement to serve the “local government” under the Shorelines Management Act, RCW 90.58.180. The requirements of RCW 4.28.080, which requires that service of a summons on a county in a judicial action be made on the county auditor, have not been incorporated into either RCW 90.58.180 or the Washington Administrative Procedure Act, chapter 34.05 RCW. We therefore hold that the SHB’s ruling was not in error.

FACTS

Snohomish County granted a shoreline permit to Pacific Rim Pension Fund. Citizens for Natural Habitat, Richard and Elizabeth Wennberg, and Leonard and Nancy Goodisman (together, Citizens) filed an appeal with the Shorelines Hearings Board (SHB), requesting review of Pacific Rim’s shoreline permit. The Citizens timely faxed and mailed a copy of their appeal to Susan Scanlan, Principal Planner, Snohomish County Department of Planning and Development Services (Planning Department). [784]*784Neither the chief legal officer for Snohomish County, nor the County’s auditor’s office, was served with a copy of the appeal.

The Planning Department contacted the Snohomish County Prosecuting Attorney’s office to inform it about the Citizens’ appeal. The County filed a special notice of appearance in the Citizens’ appeal, filed a witness and exhibit list and participated in a prehearing conference conducted by the SHB.

The County then filed a motion to dismiss the Citizens’ appeal, contending that the County had not been properly served pursuant to RCW 90.58.180(1). That statute, the Shorelines Management Act, states:

Within seven days of the filing of any petition for review with the board as provided in this section pertaining to a final decision of a local government, the petitioner shall serve copies of the petition on the department, the office of the attorney general, and the local government.

RCW 90.58.180(1) (emphasis added). The County argued that service was improper under the statute, because the Citizens did not serve copies of their appeal on the county auditor.

The SHB denied the motion to dismiss. The SHB ruled that when the Citizens served the County’s Planning Department, they had complied with the requirement to serve the “local government” under RCW 90.58.180. The SHB relied on three of its previous decisions1 in concluding that RCW 90.58.180 does not require service on any particular agent or office of a local government.

The County filed a petition for writ of review under chapter 7.16 RCW and for constitutional writ of certiorari in Snohomish County Superior Court, requesting reversal of the SHB’s denial of the motion to dismiss. The superior [785]*785court denied the County’s petition for writs.

The SHB proceeded to conduct an adjudicative hearing on the merits of the Citizens’ appeal. After the hearing, the SHB issued a final decision, denying the Citizens’ appeal. The County appeals the superior court’s denial of its interlocutory motion for writs. The County also asks this court to resolve the underlying service of process issue.

ANALYSIS

I. Petition for Writs of Review

The County argues that the superior court abused its discretion in refusing to grant a statutory writ of review or a constitutional writ of certiorari to review the SHB’s decision regarding the service of process issue.

A trial court’s decision not to issue a writ is discretionary and will be reversed only for an abuse of that discretion. San Juan Fidalgo Holding Co. v. Skagit County, 87 Wn. App. 703, 714, 943 P.2d 341 (1997). The court abuses its discretion when its decision is based upon untenable grounds or made for untenable reasons. Birch Bay Trailer Sales, Inc. v. Whatcom County, 65 Wn. App. 739, 746, 829 P.2d 1109 (1992).

There are two categories of writs: (1) the constitutional common law writ, and (2) the statutory writ. Bridle Trails Cmty. Club v. City of Bellevue, 45 Wn. App. 248, 252, 724 P.2d 1110 (1986). A superior court has inherent power to review a lower tribunal’s decisions, which it derives from article IV, section 6 of the Washington State Constitution. Saldin Sec., Inc. v. Snohomish County, 134 Wn.2d 288, 292, 949 P.2d 370 (1998). Statutory writs, in turn, are governed by chapter 7.16 RCW. City of Seattle v. Williams, 101 Wn.2d 445, 454, 680 P.2d 1051 (1984).

A writ of review, either constitutional or statutory, will not lie when there is an adequate remedy at law, such as by direct appeal from the final judgment. Mattson v. Kline, 47 Wn.2d 538, 540, 288 P.2d 483 (1955); State v. Epler, 93 Wn. App. 520, 525, 969 P.2d 498 (1999). Here, the trial court [786]*786stated as one of its reasons for denying the County’s petition for writs that the County had an adequate remedy at law through direct appeal of the SHB’s final judgment.

In its petition for writ of review, the County argued that direct appeal of the final judgment would not be an adequate remedy at law. The County stated that it would “be prejudiced by the necessity ... to expend public resources in preparation for hearing.” Further, the County argued that direct appeal of the final judgment would not be an adequate remedy, because if it prevailed on the merits before the SHB, it could not appeal the final judgment. That is what happened in this case.

The County’s given reasons were not sufficient to compel the trial court to grant the petition for writs. An interlocutory writ is an “extraordinary remedy reserved for extraordinary situations.” King County v. Bd. of Tax Appeals, 28 Wn. App. 230, 237, 622 P.2d 898 (1981). A petitioner’s wish to avoid the delay and expense of a trial is insufficient to justify issuing an interlocutory writ. Mattson, 47 Wn.2d at 541.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Stafne v. Snohomish County
234 P.3d 225 (Court of Appeals of Washington, 2010)
Devine v. Department of Licensing
110 P.3d 237 (Court of Appeals of Washington, 2005)
Devine v. STATE, DEPT. OF LICENSING
110 P.3d 237 (Court of Appeals of Washington, 2005)
Snohomish County v. SHB
32 P.3d 1034 (Court of Appeals of Washington, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
32 P.3d 1034, 108 Wash. App. 781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snohomish-county-v-shorelines-hearings-board-washctapp-2001.