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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complaints about its practices. In response, the City asserts that the superior

court correctly concluded that the City presented evidence establishing a dispute

of material fact regarding all of these issues and that summary judgment was

improper. The City has the better argument.

As explained in section II, the APA governs judicial review of the Seattle

hearing examiner’s decision. We apply the APA’s standards directly to the

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 79692-5-I/13

administrative record. Verizon Nw., Inc., 164 Wn.2d at 915 (citing Tapper v.

Emp’t Sec. Dep’t, 122 Wn.2d 397, 402, 858 P.2d 494 (1993)). We review the

decision of the hearing examiner, not the underlying determinations of the SOCR

and SOLS. See Verizon Nw., Inc., 164 Wn.2d at 915 (noting that the court

reviews the highest level administrative ruling). “Because this court sits in the

same position as the superior court, we do not give deference to the superior

court’s rulings.” Verizon Nw., Inc., 164 Wn.2d at 915 (citing Waste Mgmt. of

Seattle, Inc. v. Utils. & Transp. Comm’n, 123 Wn.2d 621, 633, 869 P.2d 1034

(1994)).

Again, while the APA does not explicitly authorize agencies to use

summary judgment procedures, case law has established that judicial review of

such summary proceedings must “overlay the APA standard of review with the

summary judgment standard.” Verizon Nw., Inc., 164 Wn.2d at 915-16. We

must “view the facts in the record in the light most favorable to the nonmoving

party.” Verizon Nw., Inc., 164 Wn.2d at 916 (citing Alpine Lakes, 102 Wn. App.

at 14). “Summary judgment is appropriate only where the undisputed facts

entitled the moving party to judgment as a matter of law.” Verizon Nw., Inc., 164