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SPOKANE ENTREPRENEURIAL CTR. v. SPOKANE

No. 91551-2.

369 P.3d 140 (2016)

185 Wash.2d 97

SPOKANE ENTREPRENEURIAL CENTER, Spokane County, Downtown Spokane Partnership, Greater Spokane Incorporated, The Spokane Building Owners and Managers Association, Spokane Association of Realtors, The Spokane Home Builders Association, The Inland Pacific Chapter of Associated Builders and Contractors, Avista Corporation, Pearson Packaging Systems, William Butler, Neil Muller, Steve Salvatori, Nancy McLaughlin, Michael Allen, and Tom Power, Petitioners, v. SPOKANE MOVES TO AMEND THE CONSTITUTION, Envision Spokane, Vicky Dalton, Spokane County Auditor, in her official capacity, The City of Spokane, Respondents.

Supreme Court of Washington, En Banc.

Decided February 4, 2016.

Attorney(s) appearing for the Case

Michael K. Ryan , Seattle City Attorney's Office, Robert J. Maguire , Rebecca J. Francis , Davis Wright Tremaine LLP, Seattle, WA, for Petitioners.

Lindsey Schromen-Wawrin , Shearwater Law PLLC, Port Angeles, WA, Dan L. Catt , Spokane, WA, for Respondents.

Josh Weiss , WA State Assn. of Counties, Robert Andrew Battles , Association of Washington Business, Adam R. Frank , BIAW, Bill Clarke, Attorney at Law & Government Affairs, Olympia, WA, Robert H. Crick Jr. , Robert Crick Law Firm PLLC, Spokane, WA, amicus counsel for Washington State Association of Counties, Association of Washington Business, Biaw, Inland Association of General Contractors, and Washington Association of Realtors.

Andrea Lynn Bradford , Porter Foster Rorick LLP, Seattle, WA, amicus counsel for Washington State Association of Municipal Attorneys.

¶ 1 Courts generally avoid reviewing ballot initiatives before they have been enacted into law, but a few limited types of challenges can be appropriately reviewed prior to election: procedural challenges (such as sufficiency of signatures and ballot titles) and challenges asserting that the initiative is not within the scope of the...

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