ROBERTS v. KING COUNTY

No. 45767-5-I.

27 P.3d 1267 (2001)

Arlene ROBERTS and Abu Sanusi, on behalf of themselves and a class of similarly situated persons, Appellants, v. KING COUNTY, a municipal corporation, Respondent.

Court of Appeals of Washington, Division 1.

August 6, 2001.


Attorney(s) appearing for the Case

Stephen Strong, David Stobaugh, Bendich Stobaugh & Strong, Seattle, Charles Wiggins, Kenneth Masters, Wiggins Law Office, Bainbridge Island, for appellants.

Andrew Kinstler, Jennifer Divine, Bradley Bagshaw, Helsell Fetterman Martin Todd & Hokanson, Seattle, Karen Pool Norby, Peter Ruffatto, Seattle, for respondents.


GROSSE, J.

As a general rule policy statements in an ordinance or statute do not give rise to enforceable rights and duties. However, where legislation, despite being couched in words of policy, creates a mandatory duty but leaves to the discretion of an agency the specifics of implementation, the general rule is not always applicable. The question becomes one of the propriety of the discretion exercised by the agency. But where as here, the record lacks evidence...

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