Ellingsen v. Franklin County

Stauffacher, J.*

(dissenting) — I dissent. I agree with the factual background of this matter as stated by the majority. *540I further agree that the sole issue to be determined is which of two statutes, RCW 65.08.070 or RCW 36.80.040, controls. The question is whether these two statutes are in apparent conflict. The trial court found no such conflict.5

To amplify the trial court's memorandum decision, we should make further analysis of the history of each of the statutes in order to ascertain the intent of the Legislature. *541First, let us review the legislative history of the county engineer's…