Biggers v. City of Bainbridge Island

¶58

Fairhurst, J.

(dissenting) — The city of Bainbridge Island did not misuse the broad police powers granted to it under article XI, section 11 of the Washington Constitution, or “usurp! ] .. . state power” under article XVII, section 1 of the Washington Constitution. See lead opinion at 685. Because the city acted properly and constitutionally when it adopted its temporary moratorium, I respectfully dissent.

*707Article XI, Section 11

¶59 Article XI, section 117 vests local government with broad authority. Weden v. San Juan County, 135 Wn.2d 678, 690-92, 958 P.2d 273 (1998). Within its own…