CITY OF SEQUIM v. MALKASIAN

No. 22922-6-II.

79 P.3d 24 (2003)

CITY OF SEQUIM, a Noncharter Code City and a Municipal Corporation of the State of Washington, by and through its City Council, Appellant, v. Paul MALKASIAN, Circulator, Sponsor and Presenter of an Initiative and a Referendum Petition to the Sequim City Council, Respondent.

Court of Appeals of Washington, Division 2.

As Amended December 30, 2003.


Attorney(s) appearing for the Case

Craig Andrew Ritchie, Port Angeles, WA, for Respondent.

Peter J. Eglick, Helsell Fetterman LLP, Seattle, WA, for Appellant.


MORGAN, J.

After an election in which a city's voters approve an initiative, thus converting the initiative into an ordinance, does the city have standing to seek a judgment declaring that the ordinance violates state law? Assuming that the city has standing to sue, may it name the initiative's sponsor, in his or her individual capacity, as the sole defendant? We answer yes to the first question but no to the second. Accordingly, we agree with the trial court that...

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