Miller v. City of Pasco

John L. Miller sought a judgment to declare chapter 294, Laws of 1955, p. 1317, unconstitutional, and to enjoin the city of Pasco (a city of the third class) from leasing or disposing of the real property described in the act.

The city’s demurrer, challenging the right of the plaintiff to institute the action, was overruled. By its answer, the city alleged that it was authorized by chapter 294, Laws of 1955, to sell or lease the property in question, and that the law was constitutional. Further answering the complaint and as an affirmative defense, the city alleged that it was expressly…