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Legal Opinion · Dissent

South Tacoma Way, LLC v. State

Washington Supreme Court

Decided June 24, 2010No. 82212-3Published

1DissentSanders, J.

¶30 (dissenting) — RCW 47.12.063(2)(g) conditions the sale of surplus Department of Transportation (DOT) land on written notice to all abutting landowners. This case does not turn on whether DOT’s sale fell within its realm of power. The more appropriate question is whether DOT’s sale of land without notice fell within its realm of power. DOT’s sale to Sustainable Urban Development # 1 LLC (SUD) was ultra vires. South Tacoma Way LLC (South Tacoma) was entitled to notice and a public auction.6 I dissent.

I. Ultra Vires

¶31 “[U]ltra vires” means “[unauthorized; beyond the scope of power allowed…

2Cases cited16 opinions

  1. Louisville, New Albany & Chicago Railway Co. v. Louisville Trust Co.Supreme Court of the United States · 1899
  2. Haslund v. City of SeattleWashington Supreme Court · 1976
  3. Chemical Bank v. Washington Public Power Supply SystemWashington Supreme Court · 1984
  4. Finch v. MatthewsWashington Supreme Court · 1968
  5. Chemical Bank v. Washington Public Power Supply SystemWashington Supreme Court · 1983

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