Bridle Trails Community Club v. City of Bellevue

• Decision Date: 02 September 1986
• Docket Number: No. 14631-9-I,14631-9-I
• Citation: 45 Wn.App. 248,724 P.2d 1110
• Parties: BRIDLE TRAILS COMMUNITY CLUB, Gordon A. Woodley and Robert and Suzanne McCoy, husband and wife, Appellants, v. The CITY OF BELLEVUE and Chem-Nuclear Systems, Inc., Respondents.
• Court: Washington Court of Appeals

Page 248

45 Wn.App. 248

724 P.2d 1110

BRIDLE TRAILS COMMUNITY CLUB, Gordon A. Woodley and Robert and Suzanne McCoy, husband and wife, Appellants, v. The CITY OF BELLEVUE and Chem-Nuclear Systems, Inc., Respondents.

No. 14631-9-I.

Court of Appeals of Washington,

Division 1.

Sept. 2, 1986.

Jill Bowman and E. Michelle

Moquin, Jones, Grey & Bayley, P.S., Seattle, Richard Andrews and Richard Gidley, Bellevue City Attys., Bellevue, for City of Bellevue.

Geoffrey G. Revelle, Revelle, Ries & McDermott, Inc., P.S., and Stephen Dwyer, Nelson, Revelle, McCarthy, Ries, McDermott & Hawkins, Bellevue, for Bridle Trails Community Club.

GROSSE, Judge.

Appellants appeal the dismissal in superior court of their action to obtain review of alleged arbitrary, capricious, and clearly erroneous actions by the City of Bellevue.

The facts surrounding this dispute and the history of this case can be obtained by reading the opinion of the Supreme Court in Zehring v. Bellevue, 103 Wash.2d 588, 694 P.2d 638 (1985). Briefly stated, respondent Chem-Nuclear wants to build its corporate headquarters on property previously rezoned from residential to limited office use. The prior rezone was subject to certain conditions, including a design review of any building over one story. Chem-Nuclear's plans call for a building of two stories. The initial design review process resulted in the challenge reflected in Zehring. While the first challenge to the process was winding its way through the courts, the Bellevue Planning Commission held new design review proceedings. It is these subsequent proceedings which are the subject of this appeal.

Appellants filed their application for writ of certiorari January 14, 1983. The writ was to require the City of Bellevue (City) to certify to the court a full transcript and record of the proceedings, and that

thereupon the court review the same as to a claim by said Plaintiffs that the City of Bellevue acted arbitrarily and capriciously, clearly erroneously, and in excess of its authority in entering the Findings of Fact, Conclusions and Decision, dated December 15, 1982, ...

The writ specifically asked:

1. That a Writ of Certiorari issue directing the City of Bellevue to certify all documents and a full transcript of the records and proceedings to this court, so that the reasonableness and lawfulness of the city's actions therein may be inquired into and determined;

2. That after review, the City of Bellevue be directed to deny approval for the proposal by Defendant Chem-Nuclear, Inc., that is the subject matter of these proceedigns 3. That the court determine that any future applications for development of the property that is the subject matter of the proceedings be reviewed on the basis of the zoning regulations and classifications in effect at the time the application is subsequently made; ...

The affidavit in support of the application listed 11 alleged errors by the City and its planning commission in the proceedings. It then stated that this was a proper case for a writ since it was a decision by an inferior tribunal exercising judicial functions, that the inferior tribunal had exceeded its jurisdiction or acted illegally, and that there was no plain or speedy and adequate remedy at law. These are the statutory requirements of RCW 7.16.040 for issuance of a writ of certiorari. The affidavit also stated, "In addition, counsel for Defendant City of Bellevue has advised Plaintiffs that a Writ of Certiorari is the appropriate manner in which to seek review of the actions complained of by Plaintiffs."

On February 2, 1983 a stipulation was entered into by the appellants and respondents stating that "the below Order should be entered." The order stated that the City was to forward and certify the requested records "with the intent that the same be reviewed by this court as to the claims made by Plaintiffs in the Application ..." The order was signed by Commissioner Richey.

On March 16, 1984 Chem-Nuclear moved for dismissal on the grounds that the writ was not brought before the court in a timely manner and that therefore the court was without jurisdiction to consider the challenge to the planning commission's decision. After argument the trial court entered the order of dismissal on that basis.

The trial court was correct in dismissing appellants' action under chapter 7.16 RCW. Those statutory provisions are applicable only to quasi judicial proceedings. And then only where no appeal is provided. ¹ In the instant matter Zehring disposes of one of the statutory requisites in its holding that the design review process contemplated by the City and conducted by the Bellevue Planning Commission is an administrative one rather than quasi judicial. Secondly, the City's land use code clearly provides for an appeal. ²

Two things are apparent. First, appellants may not obtain review pursuant to the provisions of chapter 7.16 RCW. Second, their appeal from the design review process was not timely filed and thus their action would have been properly dismissed on that basis. Nevertheless, appellants are not without a remedy given the allegations set forth in their petition and we hold that the trial court erred in dismissing the cause without expressly considering that potential remedy.

In Pierce County Sheriff v. Civil Service Comm'n for Sheriff's Employees of Pierce County, 98 Wash.2d 690, 693-94, 658 P.2d 648 (1983), the Supreme Court reiterated the principle that the superior court has inherent power to review administrative decisions for illegal or manifestly arbitrary and capricious acts. This inherent power arises out of article 4, section 6 of the Washington State Constitution. ³ This review by "constitutional" or "common law" certiorari ⁴ is not full appellate review on the merits. It is limited to a review of the record below to determine whether the decision or act complained of was or involved arbitrary and capricious or illegal actions thus violating the appellant's fundamental right to be free of such action. Pierce County Sheriff, at 793-94, 658 P.2d 648; Williams v. Seattle School Dist. 1, 97 Wash.2d 215, 221-22, 643 P.2d 426 (1982).

The common law writ of certiorari embodied in the constitution is distinguished from the statutory writ of review in RCW 7.16.040. The statute requires the superior court to grant the writ only when all four factors are present, and accords the petitioner full review of the issue raised. If any of the factors are absent, there is no jurisdiction for review. The common law writ embodied in the constitution contains no such imperatives. The grant of the common law writ is always discretionary with the superior court as part of its inherent powers; it cannot be mandated by anyone, including a higher court such as this. Nor can the superior court ever lack the jurisdiction to entertain application for a writ alleging acts in excess of jurisdiction by an inferior body, whether exercising judicial functions or administrative ones. This jurisdiction is inherent in the court, as recognized in the constitution. The superior court may in its discretion refuse to exercise its inherent powers of review so long as tenable reasons are given to support that discretionary ruling. See generally, 1 Bouvier's Law Dictionary 443, 446-47 (1914). See North Bend Stage Line, Inc. v. Department of Public Works, 170 Wash. 217, 228, 16 P.2d 206 (1932). Bouvier's discussion of certiorari and its ancient roots stresses the long-time difficulty of stating a general rule that certiorari does not lie where an appeal is provided for, referencing an old annotation collecting a multitude of cases demonstrating exceptions to the rule. It is clear from the history of certiorari both in England and in this country that its most fundamental purpose is to enable a court of review to determine whether the proceedings below were within the lower tribunal's jurisdiction and authority. Although most commonly applied to tribunal's exercising judicial functions, our courts have recognized this review extends to administrative actions which may be deemed arbitrary and capricious or illegal, the essence of exceeding one's authority or jurisdiction. See Williams v. Seattle School District, supra.

Deschenes v. King County, 83 Wash.2d 714, 521 P.2d 1181 (1974), would appear at first glance to be contrary authority. However, it was written prior to Williams and Pierce County Sheriff which clearly articulate the fundamental right to be free from lawless action by administrative agencies, i.e., freedom from arbitrary, capricious, or illegal acts. Perhaps more importantly, the petitioners/appellants in Deschenes were seeking full appellate review pursuant to the relevant section of the King County code which required seeking of such review by "writ of certiorari", RCW 7.16.040. Deschenes, at 715, 521 P.2d 1181. Here, appellants alleged the sort of arbitrary and capricious or extra-jurisdictional action that is the focus of the more narrow review granted under "constitutional" or common law certiorari. We read Deschenes as not addressing the question of application of the court's inherent power of review. Statements in the opinion regarding jurisdictional time limits apply only to RCW 7.16 writs of "certiorari" not to those writs requested under the court's inherent or constitutional powers.

In sum, there are three possible avenues to obtain judicial review of an administrative agency decision in a land use case such as this: (1) direct appeal as provided by ordinance or statute; (2) writ of review...