Coalition of Chiliwist Residents and Friends v. Okanogan County
34585-8
| Wash. Ct. App. | Mar 16, 2017Background
- Three Devils Road (≈4.8 miles) included in county road system; Gamble Land & Timber owned ~3-mile middle portion and petitioned (Feb 2015) to vacate that portion. USFS had alternate access and did not oppose.
- County engineer reported the road was primitive, minimally used, often impassable, and recommended vacation.
- County hearing examiner held a public hearing (Apr 9, 2015); record showed substantial local opposition focused on the road’s role as an emergency/fire-escape route; examiner recommended denial of vacation.
- BOCC reviewed the record, heard commissioners’ comments, and by majority vote (2–1) issued an order vacating the road, finding alternate routes existed and road was of little benefit to the county system.
- Coalition of Chiliwist Residents sued to void the BOCC order and brought statutory and constitutional claims (including 42 U.S.C. § 1983). Trial court granted summary judgment to defendants; this appeal affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Nature of BOCC decision — legislative vs quasi‑judicial | Road vacation is quasi‑judicial under Raynes four‑part test; reviewable more broadly | Road vacation is a legislative/political function long vested in county legislative authorities | Legislative function; narrow judicial review applies |
| Collusion/fraud exception to nonreviewability | Commissioners colluded with Gamble (past contacts, relationships, contributions, meetings) | Contacts were ordinary advocacy; no evidence of bribery, secret meetings, or improper influence | Coalition failed to present non‑speculative evidence of fraud/collusion; exception not met |
| Deference to hearing examiner | BOCC must defer to hearing examiner’s findings/recommendation | Statute requires only a hearing and recommendation; no legal duty to defer | No legal requirement to defer to hearing examiner’s recommendation |
| § 1983 due process claim | Coalition members have property or liberty interests in keeping road open; BOCC action arbitrary/capricious | Coalition members have no protected property or liberty interest in a road they do not abut or rely on for access | § 1983 claims fail; no cognizable property or liberty interest established |
Key Cases Cited
- Raynes v. City of Leavenworth, 118 Wn.2d 237 (1992) (four‑part test for determining quasi‑judicial character of administrative action)
- Capitol Hill Methodist Church of Seattle v. City of Seattle, 52 Wn.2d 359 (1958) (road vacation is political/legislative function not ordinarily subject to judicial review)
- Smith v. Skagit County, 75 Wn.2d 715 (1969) (improper private ex parte contacts at hearing can invalidate the process)
- Thayer v. King County, 46 Wn. App. 734 (1987) (county road vacation treated as legislative action)