Wash. Court of Appeals published opinion — 796925.pdf

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

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review of the merits of an agency decision through such an erroneously granted writ of review
would require the exercise of judicial authority not authorized in a direct appeal. Given the
Coballes court’s acknowledgement that writs of review are generally considered to entail a more
limited scope of review than an appeal, it is unclear whether such a test would ever disallow
review of a superior court’s disposition on the merits of an erroneously granted writ of review
when there is a right to appeal. See 167 Wn. App. at 867. We need not resolve this question to
resolve the issues presented herein.
7 RCW 49.60.330 states that

[a]ny county or any city classified as a first-class city under RCW 35.01.010 with
over one hundred twenty-five thousand population may enact resolutions or
ordinances consistent with this chapter to provide administrative and/or judicial
remedies for any form of discrimination proscribed by this chapter. The
imposition of such administrative remedies shall be subject to judicial
review. The superior courts shall have jurisdiction to hear all matters
relating to violation and enforcement of such resolutions or ordinances,
including petitions for preliminary relief, the award of such remedies and
civil penalties as are consistent with this chapter, and enforcement of any
order of a county or city administrative law judge or hearing examiner
pursuant to such resolution or ordinance. Any local resolution or ordinance
not inconsistent with this chapter may provide, after a finding of reasonable
cause to believe that discrimination has occurred, for the filing of an action in, or
the removal of the matter to, the superior court.
(Emphasis added.)

8
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 79692-5-I/9