Huff v. Wyman

Decision Date12 November 2015
Docket NumberNo. 92075–3.,92075–3.
Citation361 P.3d 727,184 Wash.2d 643
Parties Sherril HUFF, an individual taxpayer and King County Director of Elections; Mary Hall, an individual taxpayer and Thurston County Auditor; David Frockt, an individual taxpayer and Washington State senator ; Reuven Carlyle, an individual taxpayer and Washington State representative; Eden Mack, an individual taxpayer; Tony Lee, an individual taxpayer; Angela Bartels, an individual taxpayer; Gerald Reilly, an individual taxpayer; and Paul Bell, an individual taxpayer, Appellants, v. Kim WYMAN, in her official capacity as Secretary of State for the State of Washington; Tim Eyman; Leo J. Fagan; and M.J. Fagan, Respondents.
CourtWashington Supreme Court

Paul J. Lawrence, Kymberly Kathryn Evanson, Sarah Stewart Washburn, Pacifica Law Group LLP, Seattle, WA, for Appellants.

Rebecca R. Glasgow, Attorney General's Office, Callie Anne Castillo, WA State Attorney General Office, Peter B. Gonick, Washington Attorney General's Office, Solicitor General Division Attorney General, Attorney at Law, Olympia, WA, Richard M. Stephens, Groen Stephens & Klinge LLP, Bellevue, WA, for Respondents.

Stephen W. Pidgeon, Stephen Pidgeon Attorney At Law PS, Everett, WA, amicus counsel for Pam Roach.

MADSEN, C.J.

¶ 1 Appellants1 seek reversal of a King County Superior Court order denying appellants' motion to enjoin the secretary of state from placing Initiative 1366 (I–1366) on the November 2015 general election ballot. On September 4, 2015, this court issued an order, with this opinion to follow, affirming the trial court's denial of appellants' motion for injunctive relief.2

FACTS

¶ 2 Respondents3 filed I–1366 in January 2015. As filed with the secretary of state, the proposed initiative measure contained the boldface and larger print heading "2/3 Constitutional Amendment." Clerk's Papers (CP) at 14 (capitalization omitted). The attorney general's official ballot title states:

Statement of Subject: Initiative Measure No. 1366 concerns state taxes and fees.
Concise Description: This measure would decrease the sales tax rate [from 6.5 percent to 5.5 percent] unless the legislature refers to voters a constitutional amendment requiring two-thirds legislative approval or voter approval to raise taxes.

CP at 97. "Raises taxes" is defined in section 6 of the initiative as "any action or combination of actions by the state legislature that increases state tax revenue deposited in any fund, budget, or account, regardless of whether the revenues are deposited into the general fund." CP at 19. On July 29, 2015, Secretary of State Kim Wyman certified that I–1366 had received a sufficient number of signatures for the initiative to be placed on the ballot for the November 2015 election.

¶ 3 Appellants Huff et al. sought to enjoin the initiative from being placed on the ballot by filing an action in King County Superior Court, claiming that the initiative went beyond the scope of the people's initiative power under article II, section 1 of the state constitution and was therefore not proper for direct legislation. On August 14, 2015, the trial court ruled that (1) appellants had standing to challenge the initiative as taxpayers, county election officials, and legislators, (2) this was a challenge to the scope of the initiative and therefore appropriate for preelection review, (3) the "fundamental, stated and overriding purpose" of I–1366 was to amend the constitution in violation of article II of the state constitution, (4) I–1366 violated article XXIII of the state constitution, and (5) appellants were unable to show a "clear legal or equitable right" to an injunction under Rabon v. City of Seattle, 135 Wash.2d 278, 957 P.2d 621 (1998), because this court has yet to decide whether preelection restrictions on initiatives infringe on free speech rights under the First Amendment or article I, section 5 of our state constitution. CP at 132–38.

¶ 4 The same day, appellants sought direct, accelerated review in this court. We granted review, and on September 4, 2015, issued an order affirming the trial court, with an opinion to follow, stating that "[a]ppellants have not made the clear showing necessary for injunctive relief as required by Rabon v. City of Seattle. " Order, Huff v. Wyman, No. 92075–3, at 2 (Wash. Sept. 4, 2015).

¶ 5 This case presents three issues: (1) whether appellants have standing to seek an injunction, (2) whether this case is justiciable, and (3) whether appellants meet the elements necessary for injunctive relief. Without expressing any opinion on the general constitutionality of I–1366, or the free speech issues mentioned by the trial court, we hold that appellants have taxpayer standing and that this case is justiciable. However, we hold that appellants did not make a clear showing that the subject matter of the initiative is not within the broad scope of the people's power of direct legislation and, as such, failed to demonstrate a clear legal right for injunctive relief. We therefore affirm the trial court's denial of such relief on a different basis. See LaMon v. Butler, 112 Wash.2d 193, 200–01, 770 P.2d 1027 (1989) (reviewing court may affirm the trial court's denial of an injunction on any basis supported by the briefing and record below).

STANDARD OF REVIEW

¶ 6 We review a trial court's decision on a preliminary injunction for an abuse of discretion. Wash. Fed'n of State Emps., Council 28 v. State, 99 Wash.2d 878, 887, 665 P.2d 1337 (1983). Discretion is abused if the decision is based on untenable grounds, or the decision is manifestly unreasonable or arbitrary. Id. An injunction is "frequently termed ‘the strong arm of equity,’ or a ‘transcendent or extraordinary remedy,’ and is a remedy which should not be lightly indulged in, but should be used sparingly and only in a clear and plain case." Kucera v. Dep't of Transp., 140 Wash.2d 200, 209, 995 P.2d 63, 68 (2000) (footnotes omitted) (quoting 42 AM. JUR. 2 D Injunctions § 2, at 728 (1969) ). Additionally, we may affirm the trial court on any basis supported by the briefing and record below. LaMon, 112 Wash.2d at 200–01, 770 P.2d 1027.

¶ 7 The establishment of a clear right is of particular importance where appellants are seeking the extraordinary remedy of preventing an initiative from being placed on the ballot for a vote of the people. The initiative is "[t]he first power reserved by the people." CONST. art. II, § 1(a). This power is self-executing. CONST. art. II, § 1(d). It has been a long-standing rule of our jurisprudence that we refrain from inquiring into the constitutionality or validity of an initiative before it has been enacted. Futurewise v. Reed, 161 Wash.2d 407, 410, 166 P.3d 708 (2007) (citing Coppernoll v. Reed, 155 Wash.2d 290, 297, 119 P.3d 318 (2005) ). Appellants can obtain injunctive relief only if they show a clear right based on a demonstration that the procedural requirements for placing the measure on the ballot have not been met (i.e., not enough signatures) or that the subject matter is not proper for direct legislation. Id. at 411, 166 P.3d 708 (citing Coppernoll, 155 Wash.2d at 298–99, 119 P.3d 318 ).

ANALYSIS
Standing

¶ 8 Appellants argue that they have standing as taxpayers, county election officials, and legislators. Respondent secretary of state agrees that the appellants have standing as taxpayers but not as county election officials or legislators. Respondent sponsors contend that appellants do not have standing in any capacity. We hold that the appellants have taxpayer standing and do not address the issues of county election official or legislator standing.

¶ 9 This court has granted taxpayer standing to challenge governmental acts in limited circumstances. See, e.g., State ex rel. Boyles v. Whatcom County Superior Court, 103 Wash.2d 610, 614–15, 694 P.2d 27 (1985) ; City of Tacoma v. O'Brien, 85 Wash.2d 266, 269, 534 P.2d 114 (1975) ; Calvary Bible Presbyterian Church of Seattle v. Bd. of Regents of Univ. of Wash., 72 Wash.2d 912, 917–18, 436 P.2d 189 (1967) ; Fransen v. State Bd. of Nat. Res., 66 Wash.2d 672, 404 P.2d 432 (1965). The challenger must be a taxpayer, request that the attorney general take action, and have the request denied before commencing her own action, Boyles, 103 Wash.2d at 614, 694 P.2d 27. However, taxpayer disagreement with a discretionary governmental act is not enough to convey standing. Greater Harbor 2000 v. City of Seattle, 132 Wash.2d 267, 281, 937 P.2d 1082 (1997). Furthermore, if the grant of standing would encourage " ‘unwarranted harassment’ " of public officials, it will be denied. Boyles, 103 Wash.2d at 614, 694 P.2d 27 (quoting Calvary Bible, 72 Wash.2d at 918, 436 P.2d 189 ).

¶ 10 Here, appellants allege taxpayer status, challenge the constitutionality of a government act, and had their request that the attorney general take action denied. CP at 21–24. The appellants do not challenge a discretionary decision. Rather, they challenge the exercise of constitutional authority that they contend is beyond what the constitution allows—namely, placing an initiative on the ballot that exceeds the scope of the people's article II power and violates article XXIII of the state constitution. Granting standing on this narrow issue will not lead to harassment of public officials; it is consistent with the recognized role that taxpayer suits play in determining whether a government official acts lawfully. We conclude, therefore, that appellants have taxpayer standing to maintain their claim.

¶ 11 Respondents dispute both county election official and legislator standing. However, because the county election officials and legislators have demonstrated taxpayer standing, we need not address whether they have standing in a different capacity.

Justiciability

¶ 12 Justiciability is a threshold requirement and must be met before proceeding to the litigant's claims. Coppernoll, 155 Wash.2d at 300, 119 P.3d 318. This requirement focuses on whether the question...

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