Eyman v. McGehee
Court of Appeals of Washington
1Opinion of the CourtCox, J.
¶1 A city clerk has a mandatory duty under the statutes governing the filing of initiative petitions to transmit such petitions to the county auditor for determination of sufficiency.1 But, a court may review the substance of an initiative petition to determine whether it is valid.2 Such a *687determination is “exclusively a judicial function.”3 Despite a city clerk’s mandatory duty, however, a court may decline to grant a writ of mandamus if it determines that ordering compliance is a useless act because an initiative is invalid.4
¶2 Here, the city clerk failed to transmit to the county auditor a…
Also in this document: Concurrence.
2Cases cited34 opinions
- State v. ScottWashington Supreme Court · 1988
- State v. KirkmanWashington Supreme Court · 2007
- State v. KirkmanWashington Supreme Court · 2007
- State v. O'HaraWashington Supreme Court · 2009
- Cockle v. Dept. of Labor and IndustriesWashington Supreme Court · 2001
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3Cited by6 opinions
- Filo Foods, LLC v. City of SeaTacCourt of Appeals of Washington · 2014
- Rental Housing Association Of Wa., V. City Of Federal WayCourt of Appeals of Washington · 2022
- Seatac Committee For Good Jobs v. Bf Foods, LlcCourt of Appeals of Washington · 2014
- State Of Washington v. Mark S. GelinasCourt of Appeals of Washington · 2020
- State Of Washington v. Steven FaausuCourt of Appeals of Washington · 2013
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