City of Federal Way v. Koenig

Korsmo, J.*

¶15 (concurring) —Nast v. Michels, 107 Wn.2d 300, 730 P.2d 54 (1986), was wrongly decided. However, only the legislature should overturn the longstanding construction of a statute. It has not done so. Accordingly, Nast does control and requires affirmance.

Nast

¶16 At issue in Nast was a Ring County policy requiring 24-hour notice before a person could check out a court file. The appellant argued that the Public Records Act (PRA), chapter 42.56 RCW,4 invalidated the 24-hour notice requirement. Nast, 107 Wn.2d at 301-02. The Nast court had to address the threshold question of whether…