State Ex Rel. Duvall v. City Council of Seattle

392 P.2d 1003, 64 Wash. 2d 598, 1964 Wash. LEXIS 376
CourtWashington Supreme Court
DecidedJune 11, 1964
Docket37074
StatusPublished
Cited by7 cases

This text of 392 P.2d 1003 (State Ex Rel. Duvall v. City Council of Seattle) 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
State Ex Rel. Duvall v. City Council of Seattle, 392 P.2d 1003, 64 Wash. 2d 598, 1964 Wash. LEXIS 376 (Wash. 1964).

Opinions

Hunter, J.

This is an appeal from a judgment of the Thurston County Superior Court, which affirmed findings made by the City Council of the City of Seattle, defendants (respondents), after a hearing concerning the proposed route of a limited access facility known as the R. H. Thomson Expressway.

[599]*599On April 30 and May 3, 1962, a committee of the Seattle City Council designated as a “Committee of the Whole” held a public hearing pursuant to RCW chapter 47.52 to present a summary of the proposed route for the expressway. Notice of the hearing was given to the owners of all the property that would be affected stating they could file a formal appearance and present evidence, statements or counterproposals.

At the hearing, the city engineer recommended that plan “B” be accepted as the route of the proposed new limited access facility. The relators (appellants), all of whom were made parties to the hearing by the city, appeared at the hearing and opposed plan “B.” They introduced affirmative evidence to show that the plan was not suited to the public convenience and necessity, and that there were at least two other alternative routes better suited for the facility. The relators argued that the proposal by the city was a circuitous route designed to avoid using the west edge of the University of Washington Arboretum (a city-owned park), and that the official plan for many years had been to utilize the unimproved west edge of the Arboretum for this highway. They alleged that the indirect route around the Arboretum requires the condemnation of 92 residences which will cost the taxpayers nearly $2,000,000 in additional condemnation costs and $1,000,000 in additional construction costs.

At the conclusion of the hearing, the committee adopted plan “B.” The findings made by the committee stated that plan “B” is required by the public convenience and necessity, and that after a reasonable consideration, the alternate proposals were found not to be required by the public convenience and necessity. The City Council, by ordinance, adopted the findings of the committee. Two members of the City Council, in office when the findings were made by the committee, were not in office when the ordinance adopting plan “B” was passed. The relators petitioned for review in the Superior Court for Thurston County. That court entered judgment affirming the Council’s findings, from which this appeal was taken.

[600]*600The relators contend that the selection of the route proposed by plan “B” is unreasonable, arbitrary and capricious. The city, on the other hand, argues that the purpose of the hearing in pursuance of RCW 47.52.073 and RCW 47.52.075 is to provide the abutting property owners the right to be heard as to the reasonableness and public necessity of taking their access; that the only time the route of the proposed limited access facility will be an issue is upon the condem-nor’s application for an adjudication of public use and necessity in condemnation proceedings under RCW 8.12.090; and that only the abutting property owners were proper parties at the hearing and on this appeal.

We do not construe this chapter so narrowly. RCW 47.52.073 requires that the authority conducting the hearing introduce a summary of the proposal and

“ . . . At the conclusion of such evidence, any persons entering an appearance may introduce, either in person or by counsel, evidence and statements or counterproposal bearing upon the reasonableness of the proposal. Any coun-terproposal shall receive reasonable consideration by the authority before any proposal is adopted. ...” (Italics ours.)

It is contemplated by this statute that a limited access hearing, such as was held in the instant case, is broad and all encompassing in its scope. The authority conducting the hearing must fully consider any objections and counter-proposals to the proposed limited access facility. It is clearly within the purview of the statute, at such a hearing, for any person who has entered an appearance to propose another route, and the hearing authority must consider such a proposal.

We spelled out the objectives of a limited access hearing in State ex rel. Dawes v. State Highway Comm., 63 Wn. (2d) 34, 385 P. (2d) 376 (1963):

“RCW 47.52.072 through RCW 47.52.075 appear to have three objectives: (1) they require the highway director to prepare and present a plan for the limited access facility; (2) they give an abutting property owner an opportunity tobe heard and present an alternate plan; (3) they give the highway commission an opportunity to correct or modify [601]*601the proposed plan before its adoption. When these objectives have been accomplished, the statutes have served their purpose, and the condition precedent necessary before the state may maintain an action of eminent domain has been established. ...” (Italics ours.)

In the Dawes case, the appellants were abutting property owners. In the instant case, two of the relators are abutting property owners and the remainder are owners whose property will be taken by the proposed new highway. All of the relators entered an appearance pursuant to RCW 47.52.073, and became parties to the hearing.

RCW 47.52.075 allows any party to the hearing to petition for review of any findings and order which affects property owned by him. Although the necessary findings are limited to a determination of the rights of each abutting property owner, by the very nature of the findings, the rights of all affected property owners are also determined; and the statute allows such parties to petition for review.

The relators contend that the findings made by the city are insufficient. We agree. RCW 47.52.074 provides:

“At the conclusion of such hearing the authority shall consider the evidence taken at such hearing and shall make specific findings in the case of each abutting ownership as to whether such proposal to establish such existing highway, road or street, or portion thereof, as a limited access facility is required by the public convenience and necessity. It may order the adoption of such proposal or counterproposal in entirety or in part, or may modify or reject any proposal. Its findings and order shall be in writing ...”

The findings adopted by the City Council state that the

“. . . statements of the witnesses . . .

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Cite This Page — Counsel Stack

Bluebook (online)
392 P.2d 1003, 64 Wash. 2d 598, 1964 Wash. LEXIS 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-duvall-v-city-council-of-seattle-wash-1964.