DeFazio v. Washington Public Power Supply System

*599LENT, LINDE, and ROBERTS, JJ.,

concurring.

The proponents of the validity of the challenged transactions contend that the plaintiffs’ action is barred by laches or estoppel. Some members of the court believe that the issue of laches need not be reached if the plaintiffs’ claim loses on the merits. We believe that it should be decided first. The court also is divided on the correct analysis.

“Laches” and “estoppel” are not different words for the same issue. A defendant’s claim of laches arises from a plaintiffs prejudicial delay in asserting a claim for equitable relief, while conduct that gives…