Utter v. Building Industry Ass'n

¶73 (concurring/dissenting) — I agree with the majority that the attorney general’s (AG) referral of the *436plaintiff’s complaint to the Public Disclosure Commission (PDC) did not “commence an action” within the meaning of the citizen suit statute, RCW 42.17A.765(4). Nevertheless, in my view, neither reversal of summary judgment nor further proceedings are warranted in this case because the AG’s commencement of a lawsuit against Building Industry Association of Washington’s (BIAW) nonprofit arm precludes a further citizen suit against BIAW under RCW 42.17A.765(4)(a)(i) and because the PDC’s…