WPTA v. CITY OF SPOKANE

No. 21711-6-III.

69 P.3d 351 (2003)

WASHINGTON PUBLIC TRUST ADVOCATES, a Washington nonprofit corporation, ex rel. The City of Spokane, a Washington first class charter city, and Washington Public Trust Advocates ex rel. Spokane Parking Public Development Authority, a City of Spokane Washington public development authority, Appellants, v. CITY OF SPOKANE, a Washington first class charter city; Cowles Publishing Company, Citizens Realty Co., Lincoln Investment Company, River Park Square LLC, RPC II, LLC, Betsey Cowles, individually and Betsey Cowles and James Meyer, husband and wife; R.W. Robideaux & Company, Robert W. Robideaux individually, and Robert W. Robideaux and Karen B. Robideaux, husband and wife; Nordstrom, Inc.; Orville L. Barnes, individually, and Orville Barnes and Marjorie L. Barnes, husband and wife; Phyllis Holmes, individually; and Phyllis Holmes and John Doe 1, husband and wife; Jack Geraghty, individually; Roberta Green, individually, and Roberta Green and Nathaniel D. Green, husband and wife; Mike Brewer individually and Mike Brewer and Jane Doe Brewer, husband and wife; Jeff Colliton, individually, and Jeff Colliton and Jane Doe Colliton, husband and wife; Spokane Downtown Foundation; David Broom, individually, and David Broom and Jane Doe Broom, husband and wife; Christine Schnug, individually, and Christine Schnug and John Doe Schnug, husband and wife; Thomas White, individually, and Thomas White and Jane Doe White, husband and wife, Respondents.

Court of Appeals of Washington, Division 3, Panel Five.

May 20, 2003.


Attorney(s) appearing for the Case

Stephen K. Eugster, Eugster Law Offices, Spokane, WA, for Appellants.

Leslie R. Weatherhead, Robert S. Magnuson, William F. Etter, Raymond F. Clary, Etter, McMahon, Lamberson & Clary, Spokane, WA, Peter M. Vial, Barbara H. Schuknecht, Cyrus R. Vance, McNaul, Ebel, Nawrot, Seattle, WA, Meriwether D. Williams, Michael T. Howard, Winston & Cashatt, Laurel H. Siddoway, David Groesbeck, Randall & Danskin, James C. Banta, Spokane, WA, James L. Robart, Dan J. Donlan, Lane, Powell, Spears, Lubersky, Seattle, WA, Ronda Denise Larson, Mercer Island, WA, Michael F. Connelly, City Attorney, Spokane, WA, for Respondents.


BROWN, C.J.

In connection with the downtown Spokane River Park Square parking improvements, Washington Public Trust Advocates (WPTA) brought a "taxpayers' derivative action," naming both the City of Spokane and the Spokane Parking Public Development Authority (SPPDA) as plaintiffs without their consent. The trial court dismissed the suit under CR 12(b)(6), concluding no legal basis existed in Washington for a citizen to file...

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