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POTTER v. WASHINGTON STATE PATROL

No. 79172-4.

196 P.3d 691 (2008)

Mark POTTER, on behalf of himself and the class he represents, Appellant, v. WASHINGTON STATE PATROL, a Washington State agency, Respondent.

Supreme Court of Washington, En Banc.

Decided November 26, 2008.

Attorney(s) appearing for the Case

Adam J. Berger, Schroeter Goldmark & Bender, Seattle, WA, for Appellant.

Shannon Elizabeth Inglis, Attorney General's Office, Criminal Justice, Seattle, WA, Jay Douglas Geck, Attorney General's Office, Olympia, for Respondent.

FAIRHURST, J.

¶ 1 In this case, we are asked to decide whether the process for redeeming an impounded vehicle as set forth in RCW 46.55.120 is the exclusive remedy for a person whose vehicle is unlawfully impounded. We hold RCW 46.55.120 is not exclusive and, therefore, a person whose vehicle is unlawfully impounded may bring a conversion action against the authority that authorized the impoundment.

I. STATEMENT OF THE CASE

¶ 2 Mark Potter...

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