Facts: Petitioner Sharon Leonard filed suit against the city of Bothell in the Superior Court for King County seeking to compel a referendum election that would decide whether to overturn the city’s rezoning of agricultural land to permit the construction of a shopping center. The trial court granted summary judgment to the city of Bothell, ruling that administrative acts of municipal bodies are not subject to referendum elections. Leonard appealed this decision to the Supreme Court of Washington.

Question(s): Was the Bothell city council’s decision to rezone the property in question subject to a referendum election?

Conclusion: Justice Hamilton’s opinion for a unanimous Court concluded that the city of Bothell’s decision to rezone the property was not subject to a referendum election as amendments of zoning codes are administrative acts not subject to the initiative and referendum power vested in the people by Washington Revised Code §35A.11.080. Moreover, the Court held that a referendum was also precluded insofar as the power to adopt and modify zoning codes delegated to local governments by the state legislature in Washington Revised Code §35A.63.010(5) delegated power specifically to the legislative bodies of local governments rather than generally to local governments’ corporate entities.

Docket No. 43108

Petitioner: Sharon Leonard

(Counsel: William J. Van Natter)

Respondent: City of Bothell

(Counsel: Philip L. Carter and John Hallock)

Decided: Thursday, December 16th, 1976

Prevailing Party: City of Bothell (Respondent)

Vote: 9-0

Opinion: 87 Wn.2d 847 (1976)

Court: Stafford3 Court (1976)

Stafford

Rosellini

Hunter

Hamilton

Wright

Utter

Brachtenbach

Horowitz

Dolliver