HANGARTNER v. CITY OF SEATTLE

No. 73930-7.

90 P.3d 26 (2004)

151 Wash.2d 439

Rick HANGARTNER Respondent, v. CITY OF SEATTLE, a municipal corporation, Appellant. Citizens Against the Monorail, a political action committee registered with the Washington State Public Disclosure Commission, Respondent, v. Seattle Popular Monorail Authority (the "Seattle Monorail Project"), and Harold Robertson, Appellants.

Supreme Court of Washington, En Banc.

Decided May 13, 2004.

Reconsideration Denied July 30, 2004.


Attorney(s) appearing for the Case

Thomas Carr, Seattle City Atty., Roger Wynne, Edwin Inkley, Shelley Pellegrino, Seattle, Asst. City Attys., for appellants.

Graham & Dunn, Judith Endejan, Lane Powell Spears Lubersky, Linda Clapham, Lane Powell Spears Lubersky, L.L.P., Aaron Caplan, ACLU of Washington, Duncan Manville, Riddell Williams, P.S., Seattle, for respondents.

James A. Anderson, Bellevue, Alison Page Howard, Michele Lynn Earl-Hubbard, Eric B. Martin, Davis Wright Tremaine LLP, Seattle, for Amicus Curiae (Allied Daily Newspapers of Washington, Washington Coalition for Open Government and Washington Newspaper Publishers Association).

Theodore Henry Gathe, Brent David Boger, Judith Martha Zeider, City Attorneys Office, Vancouver, for Amicus Curiae (Association of Washington Cities and Washington State Association of Municipal Courts).

Narda D. Pierce, Attorney General, Solicitor General, Olympia, for Amicus Curiae (Attorney General).

David John Lenci, Preston Gates & Ellis LLP, John Lawrence Groh, Seattle City Attorney's Office, Seattle, for Amicus Curiae (King County School Coalition, Washington Public Ports Association and Washington Public Utility Districts).

William John Crittenden, Patrick D. Brown, Seattle, for Amicus Curiae (League of Women Voters of Seattle).

Pamela Beth Loginsky, Washington Association of Prosecuting Attorneys, for Amicus Curiae (Washington Association of Prosecuting Attorneys).

Leo Edward Poort, Seattle Police Department, Seattle, for Amicus Curiae (Washington Association of Sheriffs).

Mark J. Lee, Langabeer Tull & Lee PS, Bellingham, for Amicus Curiae (Washington State Trial Association).


ALEXANDER, C.J.

These consolidated cases raise several issues including: (1) whether a request made under the public disclosure act (PDA) for all of an agency's documents is overbroad, thus excusing the agency from complying with the disclosure request, (2) whether the mere existence of public debate surrounding a transportation project is a "controversy," as defined in RCW 42.17.310(1)(j), rendering documents related to the project exempt from the PDA, and (3) whether...

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