BURNS v. ALDERSON

No. 34546.

51 Wn.2d 810 (1958)

322 P.2d 763

G.W. BURNS, Appellant, v. JOE K. ALDERSON et al., Respondents.

The Supreme Court of Washington, En Banc.

February 28, 1958.


Attorney(s) appearing for the Case

Foster & Foster, for appellant.

Hawkins & Loy, for respondents.

L.B. & Max Vincent, D.V. Morthland, Gavin, Robinson & Kendrick, Robert R. Redman, Halverson, Applegate & McDonald, Donald H. Brazier, Jr., and Robert I. Bounds, amici curiae.


FOSTER, J.

We reverse the dismissal of this declaratory judgment action (RCW chapter 7.24) challenging the validity of the Yakima election at which an amendment to the city charter adopting the council-manager form of city government was approved, because the law, both constitutional and statutory, requiring publication thereof was ignored.

Article XI, § 10 of the Washington constitution, so far as material, is as follows:

"Said proposed charter...

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