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WHATCOM COUNTY v. CITY OF BELLINGHAM

No. 63199-9.

128 Wn.2d 537 (1996)

909 P.2d 1303

WHATCOM COUNTY, Respondent, v. THE CITY OF BELLINGHAM, Appellant.

The Supreme Court of Washington, En Banc.

February 1, 1996.

Attorney(s) appearing for the Case

Bruce Disend, City Attorney, and Dawn Sturwold, Assistant; and Foster Pepper & Shefelman, by P. Stephen DiJulio, for appellant.

David S. McEachran, Prosecuting Attorney, for respondent.

Christine O. Gregoire, Attorney General, and Joseph E. Shorin III, Assistant, for the State.

TALMADGE, J.

The City of Bellingham (City) appeals from a partial summary judgment requiring it to arbitrate the amount it must reimburse Whatcom County (County) for certain costs which were shifted to the County after the City's 1980 repeal of the vast majority of Title 10 of the Bellingham Municipal Code, the portion of its municipal code which defined crimes.

RCW 3.50.800 forbids cities which have enacted a municipal criminal code and enforced such a criminal...

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