State Ex Rel. Gunstone v. State Highway Commission

Certain property owners who object to the location of an access road as proposed by the State, and insist that an alternate route is preferable, presented their views at a hearing before the State Highway Commission as provided by RCW 47.52.133. The Commission’s decision being adverse to them, they invoked the procedure provided by the Administrative Procedure Act (RCW 34.04) to secure a judicial review of the decision of the Commission.

The superior court, reviewing the action of the Commission, could have done one of three things: (1) affirmed the decision of the State Highway Commission;…