MUKILTEO CITIZENS v. CITY OF MUKILTEO

No. 84921-8.

272 P.3d 227 (2012)

174 Wn.2d 41

MUKILTEO CITIZENS FOR SIMPLE GOVERNMENT, an unincorporated association of Mukilteo residents, Appellants, v. CITY OF MUKILTEO, a Washington municipal corporation; Christine Boughman, in her official capacity as City Clerk for the City of Mukilteo; Snohomish County, a political subdivision of the State of Washington; Carolyn Weikel, in her official capacity as Snohomish County Auditor, Respondents, Nicholas Sherwood; Alex Rion; and Tim Eyman, Respondents/Intervenors.

Supreme Court of Washington.

March 8, 2012.


Attorney(s) appearing for the Case

Vanessa Soriano Power, Leonard J. Feldman , Gloria S. Hong , Stoel Rives LLP, Seattle, WA, for Appellants.

Angela Summerfield Belbeck, Ogden Murphy Wallace , Seattle, WA, Gordon Walter Sivley , Civil Div. Snohomish County Prosecutor's, Everett, WA, for Respondents.

Richard M. Stephens , Groen Stephens & Klinge LLP, Bellevue, WA, for Respondent Intervenor.

John Benjamin Kerr Schochet , Seattle City Attorney's Office, Seattle, WA, Amicus Curiae on behalf of City of Seattle.


MADSEN, C.J.

¶ 1 This case involves a preelection challenge to an initiative measure, Proposition 1, which repealed an ordinance governing the use of automated traffic safety cameras in the city of Mukilteo. The trial court declined to grant an injunction, and Proposition 1 was placed on the November 2, 2010, Snohomish County general election ballot.

¶ 2 We hold that because the legislature expressly granted authority to the governing body of the...

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