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PARSONS v. STATE

No. 55702-5-I.

118 P.3d 930 (2005)

Michael PARSONS, Randolph Getchman and Gladys Barker, Incapacitated persons by and through their co-guardians, James R. Hardman and Alice L. Hardman; Friends of Fircrest, a Washington not for profit corporation; Washington Federation of State Employees, Appellants, v. STATE of Washington, DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Dennis Braddock, Secretary of Social and Health Services, in his official capacity, Respondents.

Court of Appeals of Washington, Division 1.

August 29, 2005.

Attorney(s) appearing for the Case

Philip Albert Talmadge, Talmadge Law Group PLLC, Tukwila, WA, Michael L. Johnson, Attorney at Law, Seattle, WA, Edward Earl Younglove III, Attorney at Law, Olympia, WA, for Appellants.

William Lee Williams, Edward J. Dee, Office of Attorney General, Olympia, WA, for Respondents.

Deborah A. Dorfman, Julie Lynn Wilchins, Washington Protection & Advocacy, Seattle, WA, for Amicus Curiae, Washington Protection & Advocacy.

ELLINGTON, A.C.J.

¶ 1 Downsizing an institution is not the same as closing it. Because the Department of Social and Health Services acted within the scope of its statutory authority in reducing the number of residents at Fircrest School, its actions were not ultra vires or unconstitutional and the trial court properly dismissed this suit. We also affirm the trial court's decision to permit the Washington Protection and Advocacy System to participate as amicus...

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