Facts: Following the decision of the mayor and city council of Richland, pursuant to procedures stipulated by the legislature, to annex an adjoining area, residents of Richland opposed to annexation gathered a sufficient number of signatures per Richland’s city charter to place the question before the voters of Richland in a referendum. The city clerk declined to validate the signatures, leading petitioner David Bowen to file suit for a writ of mandamus in the Superior Court for Benton County. The Superior Court dismissed the suit, leading Bowen to appeal to the Supreme Court of Washington.

Question(s): Do provisions of the Richland City Charter that permit voters to repeal decisions made in specific accordance with procedures established by state law exceed the powers delegated to the city by the state?

Conclusion: Justice Hale’s opinion for a unanimous Court held that as cities and other local governments are creations of the state under the Washington State Constitution and enjoy only those powers delegated to them by the state, the referendum authorized by the city charter was unconstitutional. As the legislature had expressly vested the power to make decisions regarding annexation in the city council and mayor rather than in the people, this decision superseded any language to the contrary in the city charter.

Docket No. 38236

Petitioner: David Bowen

(Counsel: George C. Butler)

Respondent: Carl Kruegel

(Counsel: Rembert Ryals)

Decided: Thursday, December 30th, 1965

Prevailing Party: Carl Kruegel (Respondent)

Vote: 9-0

Opinion: 67 Wn.2d 673 (1965)

Court: Rosellini1 Court (1965-1966)

Rosellini

Hill

Donworth

Finley

Weaver

Ott

Hunter

Hamilton

Hale