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Articles 91 - 120 of 132
Full-Text Articles in State and Local Government Law
The Item Veto Power In Washington, Stephen Masciocchi
The Item Veto Power In Washington, Stephen Masciocchi
Washington Law Review
Current use of the item veto power in Washington fails to check legislative spending and encourages gubernatorial encroachment on the legislative appropriations process. This Comment examines the history of the item veto and suggests reforms that would permit use of the item veto power to achieve cost savings while minimizing separation of powers violations.
One Century Of Constitutional Home Rule: A Progress Report, Michael Monroe Kellogg Sebree
One Century Of Constitutional Home Rule: A Progress Report, Michael Monroe Kellogg Sebree
Washington Law Review
Despite constitutional and statutory provisions providing for home rule, Washington municipalities continue to lack meaningful local autonomy. The author examines the need for home rule and its genesis in the United States and Washington. In addition, the author analyzes Washington case law in this area and concludes with constitutional and judicial proposals designed to increase municipal self-governance.
Home Rule: An Essay On Pluralism, Michael Libonati
Home Rule: An Essay On Pluralism, Michael Libonati
Washington Law Review
Home rule can be viewed as a metaphor for the policies of decentralization and diffusion of power. This Essay aims to rediscover some of the deep historical roots of the policy and practice of local self-government. The Essay also explores some of the ways in which local autonomy can be reimagined in contemporary contexts.
Meeting The Agency Burden Under The Confidential Source Exemption To The Freedom Of Information Act, Judith A. Bigelow
Meeting The Agency Burden Under The Confidential Source Exemption To The Freedom Of Information Act, Judith A. Bigelow
Washington Law Review
This Comment analyzes the approaches of the courts of appeals to the confidential source exemption. First, the Comment presents a brief history of the Freedom of Information Act and the development of exemption 7(D) in Congress and the courts. The Comment explains and criticizes the conflicting judicial treatment of the agency's burden under the exemption. Finally, the Comment proposes a uniform approach to the agency burden that is consistent with the policies underlying both the Act and the exemption.
Meeting The Agency Burden Under The Confidential Source Exemption To The Freedom Of Information Act, Judith A. Bigelow
Meeting The Agency Burden Under The Confidential Source Exemption To The Freedom Of Information Act, Judith A. Bigelow
Washington Law Review
This Comment analyzes the approaches of the courts of appeals to the confidential source exemption. First, the Comment presents a brief history of the Freedom of Information Act and the development of exemption 7(D) in Congress and the courts. The Comment explains and criticizes the conflicting judicial treatment of the agency's burden under the exemption. Finally, the Comment proposes a uniform approach to the agency burden that is consistent with the policies underlying both the Act and the exemption.
An Analytical View Of Recent Lending Of Credit Decisions In Washington State, Hugh D. Spitzer
An Analytical View Of Recent Lending Of Credit Decisions In Washington State, Hugh D. Spitzer
Articles
Sections 5 and 7 of article VIII of the Washington State Constitution, concerning gifts or loans by the state and by local governments, have been a source of confusion to the courts and frustration to the sponsors of government programs. Although some have proposed a single formula for applying the provisions, attempts to create a single rule or set of coherent rules for interpreting these problematical provisions are apt to fail. The constitutional language is complex, involving numerous elements, each of which must be present for the prohibition to apply. Rather than a single formula governing the application of these …
A Unified Approach To State And Municipal Tort Liability In Washington, Mark Mclean Myers
A Unified Approach To State And Municipal Tort Liability In Washington, Mark Mclean Myers
Washington Law Review
This Comment examines and analyzes the two judicially created limitations on governmental tort liability in Washington. It concludes that the discretionary governmental acts immunity is a proper limitation on governmental tort liability, but that the public duty doctrine should be abandoned.
A Cry For Reform In Construing Washington Muncipal Corporation Statutes—Chemical Bank V. Washington Public Power Supply System, 99 Wn. 2d 772, 666 P.2d 329 (1983), Richard Shattuck
A Cry For Reform In Construing Washington Muncipal Corporation Statutes—Chemical Bank V. Washington Public Power Supply System, 99 Wn. 2d 772, 666 P.2d 329 (1983), Richard Shattuck
Washington Law Review
In Chemical Bank v. Washington Public Power Supply System (WPPSS), the Washington Supreme Court invalidated a participants' agreement among municipal corporations for joint development of nuclear power plants. The supreme court held that the agreement was void and unenforceable against Washington cities, towns, and public utility districts because these municipal corporations had no authority to enter into the participants' agreement. This Note examines Chemical Bank and its application of Washington municipal corporation law. The Note briefly identifies Washington municipal corporation law prior to Chemical Bank and considers how Chemical Bank relates to this prior law. The Note then discusses some …
Subdivision Exactions In Washington: The Controversy Over Imposing Fees On Developers, Martha Lester
Subdivision Exactions In Washington: The Controversy Over Imposing Fees On Developers, Martha Lester
Washington Law Review
This Comment briefly traces the history of subdivision regulation in Washington as a means of imposing conditions on developers or exacting land dedication or fee payment from developers. It discusses the Hillis Homes decision and analyzes the relationship between the new state statute and other statutory land use regulations. This Comment concludes that, although a municipality's authority to impose development fees has been limited, existing statutory authority still allows a municipality to impose conditions on subdivision development.
Municipal Tort Liability For Erroneous Issuance Of Building Permits: A National Survey, Scott J. Borth
Municipal Tort Liability For Erroneous Issuance Of Building Permits: A National Survey, Scott J. Borth
Washington Law Review
Actions alleging municipal tort liability for negligent administration of building and zoning codes are part of the current judicial and legislative trend to abolish municipal tort immunity. In surveying how such actions are treated, this Comment briefly examines the historical background of governmental immunity. It then categorizes the states according to the scope of governmental tort immunity currently recognized. After establishing these categories, this Comment applies the law under each category to the facts of Preston v. City of Daniellville, the hypothetical case. It then analyzes the public duty defense raised by the municipality, focusing on the origin of the …
Washington's Zoning Vested Rights Doctrine, Fredrick D. Huebner
Washington's Zoning Vested Rights Doctrine, Fredrick D. Huebner
Washington Law Review
Part I of this comment reviews the judicial analysis underlying the Washington doctrine, and outlines the elements and scope of the vesting rule. Part II analyzes the Mercer decision and questions whether that decision promotes the purposes of the Washington doctrine in the PUD zoning context. This comment contends that the Mercer court's rule for vesting rights to develop land on the basis of incomplete building permit applications fails to consider important public policy interests. In conclusion, Part III proposes a modified vesting rule that addresses the problems inherent in the Mercer decision.
Zoning—Judicial Enforcement Of The Duty To Serve The Regional Welfare In Zoning Decisions—Save V. City Of Bothell, 89 Wn. 2d 862, 576 P.2d 401 (1978), Michael H. Rorick
Zoning—Judicial Enforcement Of The Duty To Serve The Regional Welfare In Zoning Decisions—Save V. City Of Bothell, 89 Wn. 2d 862, 576 P.2d 401 (1978), Michael H. Rorick
Washington Law Review
After briefly noting the background of relevant Washington law, Part I of this note analyzes the SAVE court's reasoning to reveal indications of an underlying interventionism in its review of the rezone. Part II assesses the problems of such judicial intervention, first in the exclusionary zoning cases relied upon by the SAVE court for its regional welfare standard, and then in the context of zoning actions with the kind of extralocal environmental impacts presented by SAVE. Finally, arguments favoring increased judicial intervention are presented. The note concludes that there are both practical and doctrinal justifications for heightened judicial scrutiny of …
Zoning—Rezones: New Standards For Governing Bodies—Parkridge V. City Of Seattle, 89 Wn. 2d 454, 573 P.2d 359 (1978), Alice L. Hearst
Zoning—Rezones: New Standards For Governing Bodies—Parkridge V. City Of Seattle, 89 Wn. 2d 454, 573 P.2d 359 (1978), Alice L. Hearst
Washington Law Review
This note examines four aspects of rezoning decisions addressed by the Parkridge court: the policy basis upon which rezoning actions may legitimately be grounded; the quantum of evidence necessary to support a rezoning decision;" the allocation of the burden of proof in rezoning actions; and the presumption of validity, if any, accorded local rezoning decisions.
Civil Rights Litigation After Monell, Eric Schnapper
Civil Rights Litigation After Monell, Eric Schnapper
Articles
This Article identifies the most important issues which must be dealt with after Monell v, Department of Social Services, 436 U.S. 658 (1978), and attempts to resolve them. Section I considers what rules and practices are "official acts, policies and customs" subjecting a government to suit under Monell. The second section analyzes the possible defenses available to a city; it concludes that the good faith immunity afforded to executive officials should not be extended to government entities, but that such entities should be afforded a somewhat narrower defense. Section III discusses the scope of injunctive relief available in …
Restructuring The Legislature: A Proposal For Unicameralism In Washington, Randall A. Peterman, Philip Talmadge
Restructuring The Legislature: A Proposal For Unicameralism In Washington, Randall A. Peterman, Philip Talmadge
Washington Law Review
The tenability of such a unicameral legislature in Washington will be analyzed by examining: 1) the background and history of unicameralism; 2) the effect of the reapportionment cases on the need for a bicameral legislature; 3) the "efficiency" of a unicameral as opposed to a bicameral legislature; and 4) means of implementing a change from bicameralism to unicameralism. In addition, results of the authors' poll of state legislators and a sample constitutional amendment are presented.
The Partial Veto Power: Legislation By The Governor, Timothy P. Burke
The Partial Veto Power: Legislation By The Governor, Timothy P. Burke
Washington Law Review
The legislative process in Washington, as in almost all other states, is not exclusively a function of the Legislature, but rather it is a function which the Legislature shares with the Governor who is vested with the power to veto bills. Unlike the activity of the Legislature, the role played by the Governor is not highly visible and is not often the subject of attention. Yet, this relative obscurity is not indicative of the influence that the Governor exercises in the legislative process. Through his use of the partial veto power, authorized under Article III, Section 12, of the Washington …
A General Theory Of Eminent Domain, William B. Stoebuck
A General Theory Of Eminent Domain, William B. Stoebuck
Washington Law Review
In perspective, then, the constitutional eminent domain clauses are not ends in themselves, nor are they beginnings. They are formal, concise statements of principles recognized and enshrined, but not invented, by the constitution maker. The real significance and meaning of these principles, therefore, depends on the discovery of their historical and theoretical development, rather than solely on the interpretations of the constitutions. The purpose of this article is to develop a framework, based on that discovery, for analyzing the principles of eminent domain. It will impose order upon our inquiry if we organize it under the following heads: the act …
Eminent Domain—Taking And Damaging: Injunction Against Taking Prior To Payment Of Damages—Wandermere Corp. V. State, 79 Wn.2d 688, 488 P.2d 1088 (1971), Anon
Washington Law Review
The Wandermere Corporation owned one mile of frontage along an open-access highway. The state planned to build a drainage facility along the highway, wholly on state-owned property. Wandermere claimed that the proposed facility, an open ditch, would lower the underground water table on its land and interfere with access rights to its property. Wandermere further alleged that the Washington constitution prohibited such state interference with property rights until there was both a judicial determination that the project would be for a public use and until damages to the property had been ascertained and paid in the manner provided by law. …
When Seattle Citizens Complain, William H. Rodgers, Jr.
When Seattle Citizens Complain, William H. Rodgers, Jr.
Articles
[This paper was released originally on Feb. 6, 1969, as a Ripon Society Panel Study recommending consideration of the institution of the ombudsman by elected officials in the City of Seattle and the State of Washington.]
The Zoning Game: Municipal Practices And Policies, By Richard F. Babcock (1966), Robert S. Hunt
The Zoning Game: Municipal Practices And Policies, By Richard F. Babcock (1966), Robert S. Hunt
Washington Law Review
No abstract provided.
The Zoning Game: Municipal Practices And Policies, By Richard F. Babcock (1966), Robert S. Hunt
The Zoning Game: Municipal Practices And Policies, By Richard F. Babcock (1966), Robert S. Hunt
Washington Law Review
No abstract provided.
Constitutionality Of Civil Inspection Without Warrant Or Probable Cause, Anon
Constitutionality Of Civil Inspection Without Warrant Or Probable Cause, Anon
Washington Law Review
The Seattle Municipal Code requires intermittent inspections by the fire chief of nonresidential buildings for the purpose of discovering and correcting fire hazards. Pursuant to the Code, an inspector, without a search warrant and without cause to believe that a fire hazard existed, sought entry into defendant's locked warehouse. Upon his refusal to allow entrance, defendant was tried and convicted for failing to submit to a fire inspection. On appeal, the conviction was affirmed. Held: The fourth amendment's prohibition of unreasonable search and seizure is not violated by a conviction for refusal to permit entrance into a commercial building for …
Requirement Of Properly Filed Complaint In Municipal Traffic Court, Anon
Requirement Of Properly Filed Complaint In Municipal Traffic Court, Anon
Washington Law Review
Defendant was tried and convicted in a town municipal court on a charge of driving while under the influence of intoxicating liquor, in violation of a local ordinance. In the course of a trial de novo on appeal to superior court, the trial judge noted that there was no complaint in the case file. The town's counsel argued successfully that the arrest slip which had been entered into evidence served as the complaint under the new Traffic Rules for Courts of Limited Jurisdiction. Again convicted, defendant appealed, contending his conviction was defective for want of compliance with certain provisions of …
Quasi-Contractual Recovery When Municipal Contract Ultra Vies, Anon
Quasi-Contractual Recovery When Municipal Contract Ultra Vies, Anon
Washington Law Review
While plaintiff's shopping center was under construction, defendant second-class municipality prepared for installation of a stop light to aid traffic going to and from the center. A contractor was hired and the design was approved, but funds were not budgeted for the project. With the shopping center nearing completion, it was agreed that plaintiff would pay the cost of installation and defendant city would reimburse him out of the following year's budget. The city, without calling for bids on the contract, hired a contractor and plaintiff paid the cost of the traffic signal and its installation. In plaintiff's suit on …
Legislative Control Of Municipal Corporations In Washington, Philip A. Trautman
Legislative Control Of Municipal Corporations In Washington, Philip A. Trautman
Washington Law Review
The purpose of this article is to exaimne-the nature of the powers of municipal corporations in Washington in relation to the powers of the state legislature. A municipal corporation has been defined by the Washington supreme court as a body politic established by law as an agency of the state-partly to assist in the civil government of the country, but chiefly to regulate and administer the local and internal affairs of the incorporated city, town or district. Dependent upon the objective of the particular statute creating the body in question and the definition in such statute, the term "municipal corporation" …
Annexation By Municipal Corporations, John E. Iverson
Annexation By Municipal Corporations, John E. Iverson
Washington Law Review
Problems caused by the growth of urban fringe areas have increased, particularly since World War II. As the population of these areas increases, so does the need for public services and the attendant need for effective local government. County government in Washington has remained generally unchanged since its inception one hundred years ago. Conceived in contemplation of a rural, lightly populated area requiring only a minimum of services, county government was not designed to deal with urban problems. As a result, the task of providing governmental services has been assumed by existing municipalities, which, in order to gain the requisite …
Constitutional Law—Equal Protection And Seattle's Juke Box Ordinance, Dick Steincipher
Constitutional Law—Equal Protection And Seattle's Juke Box Ordinance, Dick Steincipher
Washington Law Review
In 1958 the Seattle City Council promulgated Ordinance No. 83784, which regulated the ownership and operation of juke boxes within the city. By the terms of this ordinance, one could own a juke box only upon the acquisition of a "juke box operator's license." Yet the ordinance authorized fewer consents than were already outstanding, and its prospective effect was such as to exclude all but existing licensees from the juke box field. Thus, when L. D. Ragan applied for an "operator's license" his application was denied. Ragan sought a judgment declaring this ordinance unconstitutional, and from an adverse ruling by …
Toward Effective Municipal Zoning, Arval Morris
Toward Effective Municipal Zoning, Arval Morris
Washington Law Review
Zoning is a legal device which complements comprehensive planning by effectuating the plan, and is the offspring of urgent urban necessity. In its ordinance form, it constitutes an exercise of the police power and consists primarily of classification. It envisions a division of land into districts, subjecting the land in each district to different regulations concerning its use. Considerations of district boundaries and use regulations are legislative in character, lying within the wisdom of a city council. Zoning generally must reflect an appreciation of the character of the land and its structures, its uniqueness for particular uses, plus regard for …
Local Government, Donna Berg
Local Government, Donna Berg
Washington Law Review
Covers cases on municipal corporations—power of eminent domain—condemnation of lands for resale to private industry and on zoning ordinances—power to require termination of nonconforming use.
State And Local Government, Donald P. Lehne, John F. Colgrove, James D. Nutting
State And Local Government, Donald P. Lehne, John F. Colgrove, James D. Nutting
Washington Law Review
Covers cases on municipal corporations—labor unions—right of municipal employees to strike—governmental and proprietary functions (Lehne); on the incorporation of municipalities—delegation of legislative powers (Colgrove); on the legislative power of first-class cities—use of parking meters for private advertising purposes upheld (Nutting); and on eminent domain—market value—valuation of mineral deposits (Colgrove).