Washington Public Trust Advocates v. City of Spokane

86 P.3d 835, 120 Wash. App. 892
CourtCourt of Appeals of Washington
DecidedMarch 30, 2004
DocketNo. 22365-5-III
StatusPublished
Cited by11 cases

This text of 86 P.3d 835 (Washington Public Trust Advocates v. City of Spokane) 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
Washington Public Trust Advocates v. City of Spokane, 86 P.3d 835, 120 Wash. App. 892 (Wash. Ct. App. 2004).

Opinion

Brown, C.J.

— This dispute between Washington Public Trust Advocates (WPTA) and the City of Spokane, Spokane City Council (Council), the mayor of Spokane (Mayor), and the Spokane city attorney (City Attorney) concerns who, between the Mayor and the Council, controls the litigation related to the Spokane River Park Square (RPS) parking improvements. The trial court dismissed all claims, essentially declaring the Mayor properly exercised his administrative and executive powers under the Spokane City Charter (Charter) in balance with the council’s legislative powers when appointing special counsel with Council approval and in managing litigation.

We agree the Charter does not preclude the appointment of the special counsel who had previously made campaign contributions to the Mayor’s campaign committee. Regarding the interplay between the Mayor, the special counsel, and the Council, we hold no violation of the Charter, the Open Public Meetings Act of 1971 (OPMA), chapter 42.30 RCW, or any identified separation of powers principle exists. Accordingly, we affirm.

FACTS

In 1999, Spokane voters amended the Charter, replacing the council-manager form of government with an elected strong-mayor system. In the ensuing mayoral election, attorney Laurel Siddoway contributed to the Committee to Elect John Powers, Jr., and guaranteed a line of credit to the Committee. The Committee was an independent organization, and Ms. Siddoway’s contributions complied with Public Disclosure Commission standards. In November 2000, Mr. Powers was elected.

In January 2001, Mayor Powers, with the Council’s approval, appointed Ms. Siddoway as special counsel, to assist the City in the RPS litigation and other related matters, as directed by the Mayor. The City contracted with Ms. Siddoway’s law firm, Randall and Danskin, P.S. Ms. Siddoway, after consulting with the Mayor, dismissed some [896]*896state court claims the City had filed in the RPS litigation and refiled most of the claims in federal court. She regularly informed the Council of the litigation’s progress. Stephen K. Eugster, as a member of the Council, disagreed with Ms. Siddoway’s handling of the RPS litigation and believed Ms. Siddoway should seek prior Council approval of litigation decisions rather than taking direction from the Mayor.

In 2001, the City Attorney issued two opinions regarding Charter authority of the Mayor and the Council over litigation involving the City. The City Attorney opined the Council, in its legislative capacity, could “order litigation commenced” and “approve the settlement of lawsuits and claims.” The Mayor, in his administrative capacity, could “initiate litigation” with the “responsibility for making decisions regarding the management and progress of litigation” with the help of the “City Attorney and/or Special Counsel.” Clerk’s Papers (CP) at 27.

In November 2001, Mr. Eugster proposed Resolution 2001-114 to the Council. Basically, it provided the Mayor did not have the authority to appoint Ms. Siddoway as special counsel; solely the Council had the authority to prosecute litigation involving the City; and the prosecution of the RPS litigation violated Washington’s OPMA. Further, Mr. Eugster’s resolution sought to have the Council direct RICO1 claims against the RPS defendants and control Ms. Siddoway’s RPS litigation decisions. The Council rejected the proposed resolution four to three.

WPTA, a nonprofit corporation formed by Mr. Eugster alleging taxpayer status, then filed this declaratory action. WPTA alleged the Mayor and special counsel’s conduct regarding the RPS litigation violated OPMA and the Council’s authority to control litigation. The suit alleged Ms. Siddoway’s litigation actions were void and her appointment as special counsel violated Spokane Charter section 36.

[897]*897By Resolution 2002-11 and a later clarifying resolution, the City renewed its contract with Randall and Danskin, RS. The vote was by Council majority.

In January 2003, the trial court dismissed WPTA’s case. The court concluded the Mayor had the authority to initiate and make decisions regarding litigation involving the City, subject to the Council’s power to withdraw funds for litigation and to approve settlements; that Charter section 36 did not disqualify campaign contributors to a mayoral election committee from entering into contracts with the City; and that decisions the Mayor and special counsel had made regarding RPS litigation did not violate OPMA. WPTA initially appealed directly to the Supreme Court. The Supreme Court transferred this case to this appellate court in September 2003.

ANALYSIS

A. Preliminary Matters

Preliminarily, the City asks us to decide WPTA lacks standing on any Charter based issues, and, additionally, declare all claims nonjusticiable.

“To have standing, a party must show a real interest in the subject matter of the lawsuit, that is, a present, substantial interest, as distinguished from a mere expectancy, or future, contingent interest, and the party must show that a benefit will accrue it by the relief granted.” Primark, Inc. v. Burien Gardens Assocs., 63 Wn. App. 900, 907, 823 P.2d 1116 (1992). In other words, a plaintiff must have a personal stake in the outcome of a case. Sabey v. Howard Johnson & Co., 101 Wn. App. 575, 584, 5 P.3d 730 (2000). WPTA’s stake in the outcome of this case is obscure.

A plaintiff must also present a justiciable controversy. A justiciable controversy is: (1) an actual, present, and existing dispute; (2) between parties having genuine and opposing interests; (3) that involves interests that are direct and substantial, rather than potential, theoretical, [898]*898abstract, or academic; and (4) a judicial determination will be final and conclusive. Wash. Educ. Ass’n v. Pub. Disclosure Comm’n, 150 Wn.2d 612, 622-23, 80 P.3d 608 (2003).

Regarding standing and justiciability, the City did not cross-appeal the trial court’s failure to decide these issues. Thus, we may consider the City’s arguments as urging additional grounds to affirm the trial court. See In re Arbitration of Doyle, 93 Wn. App. 120, 127, 966 P.2d 1279 (1998) (distinguishing affirmative relief and urging additional grounds to affirm). As explained below, no additional grounds are necessary. Finally, the City did not provide a record of the trial court’s consideration of the issues for us to review. If the record is insufficient for review, we may decline review of a particular issue. Bulzomi v. Dep’t of Labor & Indus., 72 Wn. App. 522, 525, 864 P.2d 996 (1994).

We note the City argues no justiciable controversy exists because a Council majority and the Mayor agree regarding litigation control, rendering any decision on this topic advisory. Essentially, the City asserts the matter is moot because no controversy exists between a Council majority and the Mayor.

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WPTA v. City of Spokane
86 P.3d 835 (Court of Appeals of Washington, 2004)

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Bluebook (online)
86 P.3d 835, 120 Wash. App. 892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-public-trust-advocates-v-city-of-spokane-washctapp-2004.