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LESKOVAR v. NICKELS

Nos. 54354-7-I, 54450-1-I.

166 P.3d 1251 (2007)

Randall W. LESKOVAR, Appellant, v. Gregory J. NICKELS, in his official capacity as Mayor of the City of Seattle, Respondent. Gloria Gay Atchison; Dick and Carol Cassidy; Mark and Linda Goldberg; Linda Jordan; Larry and Maria King; Grey and Tracy Oetting; and Sid Porter, Appellants, v. City of Seattle, a Municipal corporation; and Gregory J. Nickels, in his official capacity as Mayor of the City of Seattle, Respondents.

Court of Appeals of Washington, Division 1.

September 17, 2007.

Attorney(s) appearing for the Case

Brian Fahling, AFA Center for Law & Policy, Tupelo, MS, Darren Clayton Walker, Law Office of Richard S. Ross, Vancouver, WA, for Appellants.

Thomas Aquinas Carr, Gary E. Keese, Phillip Eugene Brenneman, Seattle City Attorneys Office, Seattle, WA, for Respondents.

COX, J.

¶ 1 A city's executive orders are presumed to be valid, and grants of municipal power are to be liberally construed.1 An executive order may be found to be invalid if (1) a state statute preempts city regulation of the subject matter or (2) the order directly conflicts with a state statute.2 Those who challenge the order bear the burden of proving that the ordinance is invalid.

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