Legal Opinion · Dissent

Miller v. Pacific County

Washington Supreme Court

Decided March 29, 1979No. 44791Published

1Dissent

*753Utter, C.J.

(dissenting) — The majority does not allow recovery for injuries which are otherwise tortious. I cannot agree.

There are two clearly established foundations in this case. First, the defendants exceeded the scope of their authority in denying payment of appellant's vouchers without a formal revision of the county budget. This action was wrongful toward the appellant and was unlawful; if the action had been in accordance with law there would have been no legal or factual predicate for issuance of the writ of mandamus. See Miller v. Pacific County, 9 Wn. App. 177, 509 P.2d 377 (1973).…

2Cases cited9 opinions

  1. Halvorson v. DahlWashington Supreme Court · 1978
  2. Lillions v. GibbsWashington Supreme Court · 1955
  3. Benedict v. Board of Police Pension Fund CommissionersWashington Supreme Court · 1950
  4. State Ex Rel. Craven v. City of TacomaWashington Supreme Court · 1963
  5. Stoor v. City of SeattleWashington Supreme Court · 1954

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