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CITY OF SEQUIM v. MALKASIAN

No. 74987-6.

138 P.3d 943 (2006)

CITY OF SEQUIM, a noncharter code city and a municipal corporation of the State of Washington, by and through its city council, Respondent, v. Paul MALKASIAN, circulator, sponsor and presenter of an initiative and a referendum petition to the Sequim City Council, Petitioner.

Supreme Court of Washington, En Banc.

Decided July 13, 2006.

Attorney(s) appearing for the Case

Peter J. Eglick, Eglick Kiker Whited PLLC, Seattle, for Petitioner/Appellant.

Craig Andrew Ritchie, Ritchie Law Firm, Port Angeles, for Appellee/Respondent.

Sandra Lynn Cohen, Seattle City Attorneys Office, Seattle, for Amicus Curiae Washington State Association of Municipal Attorneys.

MADSEN, J.

¶ 1 This case requires the court to review a procedural tangle. Prior to an election, the city of Sequim acting through its city council, sought a declaratory judgment that a proposed initiative, the Ratepayer's Responsibility Act, was beyond the scope of initiative power of the residents of Sequim, Washington. The trial court disagreed with the city, granted summary judgment in favor of the defendant, Paul Malkasian, and ordered the initiative placed...

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