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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certiorari through which the superior court considered the hearing examiner’s decision was the
proper procedural mechanism to obtain judicial review. 70 Wn. App. at 412 n.3. It made this
statement despite explaining that the APA governs judicial review of a Seattle hearing examiner’s
decision on claims arising from violations of chapter 14.04 SMC and actually analyzing the issues
presented before it in the case through application of the judicial review mechanisms set forth in
the APA. Russell, 70 Wn. App. at 412. Thus, the Russell court plainly premised its decision on
the conclusion that the APA applied to the issues presented therein.
9 The statutory definition of a first-class city is “a city with a population of ten thousand or

more at the time of its organization or reorganization that has a charter adopted under Article XI,
section 10, of the state Constitution.” RCW 35.01.010. Seattle is such a first-class city. City of
Seattle v. Sisley, 164 Wn. App. 261, 266, 263 P.3d 610 (2011).

9
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 79692-5-I/10

have been denied. However, because the superior court issued the writ of

review and considered the merits of the hearing examiner’s decision, we may

treat such review as if the superior court had reviewed the matter through a direct

appeal under the APA, provided that the superior court did not exceed the

authority it would have had in such an appeal.10 See Coballes, 167 Wn. App. at

868 (“The superior court’s review on the merits was consistent with the fact that

the only basis on which it should have reviewed the board’s decision was

statutory appeal under RCW 36.32.330, and we treat its review as such.”).

While the APA does not explicitly authorize agencies to use summary