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CITY OF SPOKANE v. ROTHWELL

No. 81271-3.

215 P.3d 162 (2009)

CITY OF SPOKANE, Petitioner, v. Lawrence J. ROTHWELL, Respondent. City of Spokane, Petitioner, v. Henry E. Smith, Respondent.

Supreme Court of Washington, En Banc.

Decided September 3, 2009.

Attorney(s) appearing for the Case

Howard Francois Delaney, Jim A. Bledsoe, Margaret Kane Harrington, Spokane City Attorney's Office, Spokane, WA, Charles Kenneth Wiggins, Wiggins & Masters PLLC, Bainbridge Island, WA, for Petitioner.

Breean Lawrence Beggs, Center for Justice, Spokane, WA, for Respondent.

Timothy J. Donaldson, Walla Walla City Attorney, Walla Walla, WA, Amicus Curiae (Washington State Association of Municipal Attorneys).

J.M. JOHNSON, J.

¶ 1 The city of Spokane asks this court to reverse a Court of Appeals reasoned that the district court judge who presided over the trials did not have jurisdiction because the election was not limited to city voters provided by former RCW 3.46.070 (1984), repealed by Laws of 2008, ch. 227, § 12. The Court of Appeals also ruled that the judge did not have de facto jurisdiction. We hold that former RCW 3.46.070 did not apply to district...

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