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STATE EX REL. MUNROE v. CITY OF POULSBO

No. 27002-1-II.

37 P.3d 319 (2002)

109 Wash.App. 672

The STATE of Washington, ex rel. Donene MUNROE, City Council Member for the City of Poulsbo, Washington, Plaintiff, Donene Munroe, an individual, Appellant, v. The CITY OF POULSBO, Washington, a municipal corporation; and James Henry, an individual, Respondents.

Court of Appeals of Washington, Division 2.

January 4, 2002.

Attorney(s) appearing for the Case

R Stuart Phillips, Poulsbo, for Appellant.

James Edward Haney, Ogden Murphy Wallace, Seattle, for Respondents.

SEINFELD, J.

This case requires us to determine when an elected public official's resignation from office becomes final, thereby creating a vacancy and preventing the official from withdrawing the resignation. We hold that the amendment to RCW 42.12.010, which added language stating that a vacancy "shall be deemed to occur upon the effective date of the resignation," changes the common-law rule set forth in State ex rel. Royse v. Superior Court for Kitsap County...

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