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AM. TRAFFIC SOLUTIONS v. CITY OF BELLINGHAM

No. 67553-2-I.

260 P.3d 245 (2011)

163 Wn. App. 427

AMERICAN TRAFFIC SOLUTIONS, INC., a Kansas corporation, Appellant, v. CITY OF BELLINGHAM, a Washington municipal corporation; Whatcom County, a political subdivision of the State of Washington; Shirley Forslof, in her official capacity as Whatcom County Auditor, Defendants, Washington Campaign for Liberty, a Washington nonprofit corporation; Transportation Safety Coalition, an unknown entity; Bancams.com, an unknown entity; and Voters Want More Choices, an unknown entity, Respondents.

Court of Appeals of Washington, Division 1.

Reconsideration Denied September 8, 2011.

Attorney(s) appearing for the Case

Stephen W. Pidgeon , Stephen Pidgeon Attorney at Law PS, Everett, WA, for Respondents.

Vanessa Soriano Power , Karin Dwelle Jones , Stoel Rives LLP, Seattle, WA, for Appellant American Traiffic Solutions.

APPELWICK, J.

¶ 1 Initiative No. 2011-01 exceeds the lawful scope of local initiative power; it is not a valid ballot measure. The lawsuit did not violate RCW 4.24.525, the Anti-SLAPP (Strategic Lawsuits Against Public Participation) statute. We reverse the trial court on these issues but deny the request for an injunction.

FACTS

¶ 2 The relevant facts are undisputed. On December 6, 2010, the Bellingham City Council enacted Ordinance No...

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