Legal Opinion · Concurrence

Lee v. Metro Parks Tacoma

Court of Appeals of Washington

Decided October 7, 2014No. 44705-3-IIPublished

1ConcurrenceMelnick, J.

¶23 (concurring in result) —- I concur with the result the majority reaches; however, I write separately to respectfully state my disagreement with the majority’s reasoning. I would hold that the legislatively created 60-day waiting period of RCW 4.96.020 is a condition precedent to the filing of a lawsuit against Metro Parks, a governmental entity, with which there must be strict compliance.

ANALYSIS

Strict Compliance with Statutory Conditions Precedent Required

¶24 Article II, section 26 of the Washington Constitution allows the legislature to waive sovereign immunity and states, “The…

2Cases cited18 opinions

  1. McNeil v. United StatesSupreme Court of the United States · 1993
  2. State v. Superior CourtCalifornia Supreme Court · 2004
  3. Bostain v. Food Exp., Inc.Washington Supreme Court · 2007
  4. Bostain v. Food Express, Inc.Washington Supreme Court · 2007
  5. Friel v. Boise City Housing AuthorityIdaho Supreme Court · 1994

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