The Glenrose Association v. Spokane County

• Court: Court of Appeals of Washington
• Decided: June 7, 2022
• Docket: 38376-8
• Status: Published

Opinion

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FILED JUNE 7, 2022 In the Office of the Clerk of Court WA State Court of Appeals, Division III

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE

THE GLENROSE ASSOCIATION, ) No. 38376-8-III ) Appellant, ) ) v. ) PUBLISHED OPINION ) SPOKANE COUNTY and SPOKANE ) YOUTH SPORTS ASSOCIATION, ) ) Respondents. )

PENNELL, J. —A superior court’s subject matter jurisdiction to decide particular

types of cases is grounded in the Washington State Constitution. Under article IV, section

6 of the state constitution, superior courts have broad jurisdiction over most original court

actions. They also have appellate jurisdiction over cases from inferior courts 1 and

jurisdiction over various types of writs. With the exception of appeals from inferior courts

and writs of habeas corpus filed by persons in custody, a superior court’s subject matter

jurisdiction extends throughout Washington.

The current case involves an action under the Land Use Petition Act (LUPA),

chapter 36.70C RCW. There is no dispute that superior courts enjoy subject matter

1 “Inferior courts” is the term used in our constitution, and therefore will be used in this opinion. For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 38376-8-III Glenrose Ass’n v. Spokane County

jurisdiction over LUPA petitions. The issue before us is whether the type of jurisdiction

exercised by the superior court is subject to constitutional restrictions on the county of

origin.

Our case law makes clear that a superior court’s subject matter jurisdiction over

administrative and agency matters, such as LUPA petitions, stems from the constitutional

authority over writs of certiorari. This authority is not subject to any geographic

restriction. Thus, superior courts throughout the state share subject matter jurisdiction

over LUPA petitions. The Lincoln County Superior Court erred when it found that it

lacked subject matter jurisdiction to review a LUPA petition arising out of a hearing

examiner’s decision in Spokane County. We therefore reverse the order of dismissal and

remand for further proceedings.

BACKGROUND

This case primarily turns on a question of law. Our recitation of the facts and

procedural background is therefore brief.

The Spokane Youth Sports Association (SYSA) proposed a sports complex in

Spokane’s Glenrose neighborhood. The local neighborhood association, The Glenrose

Association (Glenrose) opposed the proposal and requested a zoning code review. The

Spokane County Building and Planning Department found the sports complex was an

2 For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

allowed use. This determination was affirmed on appeal to the Spokane County hearing

examiner.

Glenrose subsequently filed a land use petition in Lincoln County Superior Court

challenging the Spokane hearing examiner’s decision. SYSA moved for dismissal,

arguing Lincoln County did not have jurisdiction over a Spokane County land use dispute.

The Lincoln County Superior Court agreed and dismissed the petition.

Glenrose has filed a timely appeal and a panel of this court considered the matter

without oral argument.

ANALYSIS

We are tasked with deciding whether a superior court’s LUPA jurisdiction is

confined to land use decisions arising from the county where the court is located.

Jurisdictional questions require a constitutional analysis and are reviewed de novo.

Crosby v. Spokane County, 137 Wn.2d 296, 301, 971 P.2d 32 (1999).

The word “jurisdiction” refers to a court’s power to “hear and determine a case.”

Freedom Found. v. Teamsters Local 117 Segregated Fund, 197 Wn.2d 116, 140, 480

P.3d 1119 (2021). This basic definition is widely cited, but its importance is often

misunderstood. Older cases from our courts identified three forms of jurisdiction:

(1) subject matter, (2) personal, and (3) the power or authority to render a particular

3 For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

judgment. See State v. Werner, 129 Wn.2d 485, 493, 918 P.2d 916 (1996), abrogated by

State v. Posey, 174 Wn.2d 131, 138-40, 272 P.3d 840 (2012). The Washington Supreme

Court has since clarified there are really only two forms of jurisdiction: (1) subject matter

and (2) personal. Freedom Foundation, 197 Wn.2d at 140-41.

Both subject matter and personal jurisdiction are defined by constitutional

restrictions. The legislature, through statute, can guide a court’s exercise of jurisdiction.

But the legislature has no power to restrict the constitutional reaches of jurisdiction.

James v. Kitsap County, 154 Wn.2d 574, 587-88, 115 P.3d 286 (2005).

The subject matter jurisdiction of superior courts in Washington is set by article

IV, section 6 of our constitution. This provision confers superior courts with broad

jurisdiction over original actions, appellate jurisdiction over cases arising from inferior

courts and justices of the peace, and jurisdiction over various writs.

The law is clear that superior courts enjoy constitutional authority over

administrative and agency decisions, such as LUPA actions. See Dep’t of Highways v.

King County Ch., Wash. Envtl. Council, 82 Wn.2d 280, 284-85, 510 P.2d 216 (1973). The

parties debate whether this authority is an exercise of original or appellate jurisdiction.

Our case law has been less than clear in this regard. Numerous cases assert superior

courts have appellate jurisdiction over administrative and agency decisions. Knight v. City

4 For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

of Yelm, 173 Wn.2d 325, 337, 267 P.3d 973 (2011) (superior court hearing LUPA petition

exercises its “appellate jurisdiction”); Residents Opposed to Kittitas Turbines v. State

Energy Facility Site Evaluation Council, 165 Wn.2d 275, 294, 197 P.3d 1153 (2008)

(review of administrative decision “invokes the superior court’s appellate, not original,

jurisdiction”); Conom v. Snohomish County, 155 Wn.2d 154, 157-58, 118 P.3d 344

(2005) (superior court deciding LUPA petition exercises its “appellate jurisdiction”);

Dougherty v. Dep’t of Labor & Indus., 150 Wn.2d 310, 316-17, 76 P.3d 1183 (2003)

(superior court review of industrial insurance decision invokes court’s “appellate

jurisdiction”). But more recent jurisprudence states both types of jurisdiction are

applicable. James, 154 Wn.2d at 588-89 (LUPA invokes “original appellate jurisdiction

of the superior court”); ZDI Gaming, Inc. v. State ex rel. Wash. State Gambling Comm’n,

173 Wn.2d 608, 619-20, 268 P.3d 929 (2012) (superior court review of agency decision

involves “original jurisdiction” and the court acting in its “appellate capacity”).

We find it unnecessary to decide whether a superior court’s authority to review an

administrative or agency decision is original, appellate, or both because the constitutional

source for the court’s authority is the writs clause in article IV, section 6, of the

Washington Constitution. Prior to the enactment of statutes such as LUPA, that facilitate

judicial review of administrative decisions, a superior court’s authority over land use

5 For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

decisions was accomplished through a writ of certiorari. Chelan County v. Nykreim, 146

Wn.2d 904, 916-17, 52 P.3d 1 (2002); Saldin Sec. Inc. v. Snohomish County, 134 Wn.2d

288, 292, 949 P.2d 370 (1998). Given the legislature is only empowered to guide a

superior court’s exercise of jurisdiction, we conclude LUPA jurisdiction remains rooted

in the writs clause.

A superior court’s constitutional power to issue writs of certiorari is not limited by

the court’s county of location. Although the writs clause limits jurisdiction over writs of

habeas corpus to petitions filed by or on behalf of a person in custody in the court’s

respective county, there is no county restriction on a superior court’s constitutional

authority to issue a writ of certiorari. Given the lack of any constitutional restrictions,

superior courts throughout the state share equal subject matter jurisdiction. See ZDI

Gaming Inc., 173 Wn.2d at 619.

Despite the lack of geographic restrictions on issuing writs, SYSA insists that

administrative or agency matters, such as LUPA cases, are constrained geographically by

the inferior courts clause of the Washington Constitution. This clause provides as follows:

“The superior court . . . shall have such appellate jurisdiction in cases arising in justices’

and other inferior courts in their respective counties as may be prescribed by law.” WASH.

CONST. art. IV, § 6.

6 For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 38376-8-111 Glenrose Ass 'n v. Spokane County

SYSA's reliance on the inferior courts clause fails because this provision applies

only to review of decisions from actual courts. In other words, it applies to decisions from

a ''judicial court established by the constitution or in pursuance thereof." Wash. Envtl.

Council, 82 Wn.2d at 284. An administrative body or hearing examiner does not equate to

a judicial court. See id.; ABC Holdings, Inc. v. Kittitas County, 187 Wn. App. 275,282,

348 P.3d 1222 (2015); Lakeside Indus. v. Thurston County, 119 Wn. App. 886, 903, 83

P.3d 433 (2004). The inferior courts clause is therefore inapplicable to the superior

court's authority to decide a LUPA petition and the geographical restrictions pertaining to

the inferior courts clause has no bearing on a court's authority under LUPA.

CONCLUSION

The Lincoln County Superior Court held subject matter jurisdiction over

G lenrose' s L UPA petition. The court's order of dismissal is therefore reversed. This

matter is remanded to Lincoln County for further proceedings. On remand, the superior

court may address any applicable arguments regarding a request for change of venue.

Pennell, J. WE CONCUR:

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