Legal Opinion · Concurring in part, dissenting in part

City of Sequim v. Malkasian

Washington Supreme Court

Decided July 13, 2006No. 74987-6Published

1Concurring in part, dissenting in part

¶88

Chambers, J.

(concurring in part/dissenting in part) — I concur with the analysis of the majority that this initiative was beyond the scope of the initiative power of the residents of Sequim. However, I agree with the trial court, the Court of Appeals, and the dissent that this action is not justiciable and should be dismissed. I write separately because I am not satisfied with the resolution of the justiciability issue articulated either by the majority or by the dissent.

¶89 Generally, I am of the view that courts should not interfere with elections. But I accept that there is a well…

2Cases cited7 opinions

  1. Bowles v. Department of Retirement SystemsWashington Supreme Court · 1993
  2. Benton v. Seattle Electric Co.Washington Supreme Court · 1908
  3. State Ex Rel. Haas v. PomeroyWashington Supreme Court · 1957
  4. Earle M. Jorgensen Co. v. City of SeattleWashington Supreme Court · 1983
  5. Seattle Trust & Savings Bank v. McCarthyWashington Supreme Court · 1980

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