West v. STATE, ASS'N OF COUNTY OFFICIALS

252 P.3d 406
CourtCourt of Appeals of Washington
DecidedJune 1, 2011
Docket39366-2-II
StatusPublished
Cited by32 cases

This text of 252 P.3d 406 (West v. STATE, ASS'N OF COUNTY OFFICIALS) 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
West v. STATE, ASS'N OF COUNTY OFFICIALS, 252 P.3d 406 (Wash. Ct. App. 2011).

Opinion

252 P.3d 406 (2011)

Arthur WEST, Appellant,
v.
Washington STATE, WASHINGTON ASSOCIATION OF COUNTY OFFICIALS, Respondent,
Washington State Association of Counties, Washington State Association of Sheriffs and Police Chiefs, Defendants.

No. 39366-2-II.

Court of Appeals of Washington, Division 2.

June 1, 2011.

*408 Arthur West, Olympia, WA, pro se.

Josh Weiss, WA State Assn of Counties, Olympia, WA, for Defendants.

Jeffrey Scott Myers, Law Lyman Daniel Kamerrer et al., Olympia, WA, for Respondent.

QUINN-BRINTNALL, J.

¶ 1 Arthur West appeals the dismissal of his claim that the Washington Association of County Officials (WACO) violated the Open Public Meetings Act of 1971 (OPMA), ch. 42.30 RCW. West also appeals the imposition of CR 11 sanctions against him. We hold that WACO is subject to the OPMA. Accordingly, we reverse the dismissal of West's OPMA claim and remand. In addition, we affirm the CR 11 sanctions against West.

FACTS

¶ 2 In November 2008, West filed a complaint in Thurston County Superior Court against WACO and the Washington State Association of Counties (WSAC) for violations of the Public Records Act (PRA), ch. 42.56 RCW, the OPMA, and RCW 36.47.070 and .040. West moved for summary judgment arguing that Telford v. Thurston County Board of Commissioners, 95 Wash.App. 149, 974 P.2d 886, review denied, 138 Wash.2d 1015, 989 P.2d 1143 (1999), held that *409 WACO and WSAC were subject to the public records portions of the PRA[1] and to the OPMA.

¶ 3 WACO filed a CR 12(b)(6) motion to dismiss, arguing that (1) West failed to allege any particular violation of the PRA, (2) there is no actionable claim to enforce the legislative merger request in RCW 36.47.070,[2] (3) West failed to allege any violation of the reimbursement provisions of RCW 36.47.040,[3] and (4) WACO is not a "public agency" under the OPMA. West responded to WACO's motion, arguing that (1) WACO and WSAC were collaterally estopped from arguing against his PRA and OPMA claims under Telford, and (2) he had standing to bring the claims.

¶ 4 On March 27, 2009, the trial court granted WACO's motion to dismiss finding that (1) there was no PRA request made prior to West's suit and a subsequent filing did not cure the fact that there was no violation giving rise to a cause of action, (2) there is no actionable claim for a violation of the legislature's merger request in RCW 36.47.070 against WACO, and (3) West's OPMA claim was unsupported by evidence overcoming the differences in the "public agency" definitions in the PRA and OPMA.[4] The trial court then denied West's motion for summary judgment because it found that Telford, which addressed the campaign finance portions of the PRA only, did not stand for the proposition that either WACO or WSAC are subject to the OPMA.

¶ 5 On March 30, 2009, West filed a "Declaration re Continuing Fraud by WACO Counsel," alleging that counsel materially misrepresented WACO's creation to the trial court. Clerk's Papers (CP) at 20. WACO's counsel wrote a letter to West on April 3, requesting that he withdraw the declaration or face motions to strike and for sanctions. Receiving no response, WACO moved to strike West's declaration and for CR 11 sanctions on April 17. The trial court granted the motion on May 8, imposed $4,029 as CR 11 sanctions against West, and entered a written order and judgment containing findings pursuant to CR 54(b). The trial court simultaneously denied West's motions for reconsideration and to amend his complaint to allege that WACO violated the PRA.

West timely appeals the dismissal of his OPMA claim and the CR 11 sanctions.

DISCUSSION

OPEN PUBLIC MEETINGS ACT—PUBLIC AGENCIES

¶ 6 West asserts that our holding in Telford that WACO is an "agency" for purposes of the campaign funding portions of the PRA precludes WACO from challenging whether it is subject to the OPMA. Alternatively, West argues that if Telford does not preclude WACO from challenging his OPMA claim,[5] we should apply the Telford test to *410 hold that WACO is the functional equivalent of a "public agency" subject to the OPMA. For its part, WACO argues that the trial court properly dismissed the OPMA claim because the definition of "public agency" in the OPMA is narrower than in the PRA and unambiguously excludes WACO.

¶ 7 Both the trial court's summary judgment claim dismissal and the question of law regarding whether collateral estoppel bars an action are subject to de novo review in this court. Torgerson v. One Lincoln Tower, LLC, 166 Wash.2d 510, 517, 210 P.3d 318 (2009) (citing Troxell v. Rainier Pub. Sch. Dist. No. 307, 154 Wash.2d 345, 350, 111 P.3d 1173 (2005)); Lynn v. Dep't of Labor & Ind., 130 Wash.App. 829, 837, 125 P.3d 202 (2005). The de novo standard also applies to our review of a trial court's granting of a CR 12(b)(6) motion to dismiss. Rodriguez v. Loudeye Corp., 144 Wash.App. 709, 717, 189 P.3d 168 (2008) (citing Cutler v. Phillips Petroleum Co., 124 Wash.2d 749, 755, 881 P.2d 216 (1994), cert. denied, 515 U.S. 1169, 115 S.Ct. 2634, 132 L.Ed.2d 873 (1995)).

¶ 8 CR 12(b)(6) provides for dismissal of a complaint if it fails to state a claim on which relief can be granted. Rodriguez, 144 Wash.App. at 717, 189 P.3d 168 (citing State ex rel. Pub. Disclosure Comm'n v. 119 Vote No! Comm., 135 Wash.2d 618, 623, 957 P.2d 691 (1998)). Such dismissals are disfavored and are warranted only if the trial court concludes, beyond a reasonable doubt, that the plaintiff cannot prove any set of facts justifying recovery. Rodriguez, 144 Wash.App. at 717, 189 P.3d 168 (citing Tenore v. AT & T Wireless Servs., 136 Wash.2d 322, 330, 962 P.2d 104 (1998), cert. denied, 525 U.S. 1171, 119 S.Ct. 1096, 143 L.Ed.2d 95 (1999)). Under CR 12(b)(6), we presume all facts alleged in the plaintiff's complaint are true. Rodriguez, 144 Wash.App. at 717, 189 P.3d 168 (citing Tenore, 136 Wash.2d at 330, 962 P.2d 104). But we are not required to accept the complaint's legal conclusions as true. Rodriguez, 144 Wash.App. at 717-18, 189 P.3d 168 (citing Haberman v. Wash. Pub. Power Supply Sys., 109 Wash.2d 107, 120, 744 P.2d 1032, 750 P.2d 254 (1987)).

¶ 9 As an initial matter, we hold that the trial court properly concluded that Telford did not preclude WACO from challenging whether it is subject to the OPMA. The doctrine of collateral estoppel bars a second round of litigation of previously litigated issues that resulted in a final judgment. Yakima County v. Yakima County Law Enforcement Officers Guild, 157 Wash. App. 304, 331-32, 237 P.3d 316 (2010).

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

Related

State Of Washington V. Christopher Collin Lester
Court of Appeals of Washington, 2026
Arthur West, V. Lower Duwamish Waterway Group
Court of Appeals of Washington, 2026
Julie A. Bedell, V. Esther E. Iles And David W. Iles
Court of Appeals of Washington, 2026
Veristone Fund I Llc, V. Kristen Lester
Court of Appeals of Washington, 2026
King County V. Aquatherm Gmbh
Court of Appeals of Washington, 2026
Ryan A. Dixon, V. Jenni Hallack, Et Ano
Court of Appeals of Washington, 2026
Jpmorgan Chase Bank, V. David Arthur Morton
Court of Appeals of Washington, 2025
Angela E. Helvey v. Employment Security Department
Court of Appeals of Washington, 2025
Carol Tilley v. Edelweiss Maintenance Commission
Court of Appeals of Washington, 2024
Angela Helvey, V Employment Security Department
Court of Appeals of Washington, 2024
Joe Patrick Flarity, V. State Of Washington
Court of Appeals of Washington, 2024
Traci Fallow, V. Troy Fallow
Court of Appeals of Washington, 2024
Michelina De Simone, V. Winfred Donell Smith, Ii
Court of Appeals of Washington, 2024
State Of Washington, V. Gordon Robert Hammock
Court of Appeals of Washington, 2023
Kenneth Taylor Curry, V. Vancouver Housing Authority
Court of Appeals of Washington, 2022
In the Matter of the Custody of C.S.
Court of Appeals of Washington, 2022
Lori Darlene Shavlik, V. Jolene Marie Jovee
Court of Appeals of Washington, 2021
Pnc Bank, National Association v. Laura Cozza
Court of Appeals of Washington, 2021
Ina Tateuchi v. City Of Bellevue
478 P.3d 142 (Court of Appeals of Washington, 2020)

Cite This Page — Counsel Stack

Bluebook (online)
252 P.3d 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-v-state-assn-of-county-officials-washctapp-2011.