Wash. Court of Appeals published opinion — 796925.pdf

Citation: Wash. Court of Appeals published opinion — 796925.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/796925.pdf ↗

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superior court’s decision is appealable to us as a matter of right under RAP

2.2(c) and chapter 7.16 RCW, and that, even if it was not appealable as a matter

of right, discretionary review is warranted under RAP 2.3(b). In response, the

City asserts that the superior court’s order is not appealable under RAP 2.2(c) or

chapter 7.16 RCW and that discretionary review is not warranted in this case.

Unfortunately, neither party correctly identified the applicable legal

principles that resolve this dispute. Because RCW 49.60.330 authorizes review

of Seattle hearing examiner decisions regarding claims of discrimination pursuant

to the APA, which authorizes appeals to the Court of Appeals as a matter of right,

AHS may appeal from the superior court’s order herein as a matter of right.

Somewhat vexingly, while the parties dispute whether the superior court’s

order is appealable as a matter of right, they agree that the superior court’s

review was properly conducted pursuant to a statutory writ of review authorized

by chapter 7.16 RCW. But this is not so.

The right to petition the superior court for a writ of review, also known as a

writ of certiorari, is set forth by statute.5 RCW 7.16.030,.040. A superior court

5 There is also a distinct right to petition for a writ of certiorari recognized by our state

constitution. CONST. art. IV, § 6. This constitutional writ of certiorari is only available when both
direct appeal and a statutory writ of review are unavailable. Malted Mousse, Inc. v. Steinmetz,
150 Wn.2d 518, 533, 79 P.3d 1154 (2003); Bridal Trails Cmty. Club v. City of Bellevue, 45 Wn.
App. 248, 724 P.2d 1110 (1986).

6
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 79692-5-I/7