Leonard v. City of Seattle

(dissenting)—I dissent.

Respondent filed a claim for a declaratory judgment. He alleged that RCW 41.20.110 is unconstitutional thus entitling him to reinstatement of his pension, retroactive to the date of its termination by the Board of Trustees of the Seattle Police Department Pension Fund. The trial court granted the declaratory relief prayed for, holding that RCW 41.20.110 is unconstitutional.

Appellants, the City of Seattle and the Board of Trustees, make several assignments of error. Each stems from the declaratory relief prayed for and granted by the trial court on the basis of its…