Opinion

Hunter v. North Mason School Dist.

  • 85 Wash. 2d 810
  • 539 P.2d 845
  • 1975 Wash. LEXIS 933
Court
Washington Supreme Court
Filed
Sep 11, 1975
Status
Published
Author
Stafford
On the bench
Stafford, Finley, Rosellini, Hunter, Brachtenbach, Horowitz, Hamilton, Wright
Cited by
100 cases
Authority
More cited than 5.0%

holding that nonclaim statutes requiring victims of governmental torts to give notice of their claims within a short period after they arise bear no rational relationship to the legislature’s goals of ensuring that large governmental institutions are notified of claims or facilitating governmental institution’s budget planning

How later courts described this case

  • holding that nonclaim statutes requiring victims of governmental torts to give notice of their claims within a short period after they arise bear no rational relationship to the legislature’s goals of ensuring that large governmental institutions are notified of claims or facilitating governmental institution’s budget planning
  • 120 day notice statute for actions against political subdivisions would violate basic concepts of due process and equal protection if applied to minors
  • rejecting dictum in prior decision that a statute similar to section 613A.5 did not violate equal protection
  • striking a 120-day nonclaims statute that effectively operated as a statute of limitations

Written by the judges who cited it.

Distinguished

  • Distinguished by Maxwell v. Department of Labor & Industries, 25 Wash. App. 202 (1980)

    Thus cases such as Hunter v. North Mason High School & School Dist. 403, 85 Wn.2d 810, 539 P.2d 845 (1975), cited by Maxwell are inapposite.
    Court of Appeals of WashingtonJan 17, 1980Read it

The opinion

Stafford, C.J.

(dissenting) — I dissent. Once again the majority has chosen to ignore the clear dictate of Const. art. 2, § 26 which provides:

The legislature shall direct by law, in what manner, and in what courts, suits may be brought against the state.

(Italics mine.) My objection to the action taken by the majority has been stated in both Cook v. State, 83 Wn.2d 599 , 521 P.2d 725 (1974) and Shafer v. State, 83 Wn.2d 618 , 521 P.2d 736 (1974). Nothing will be gained by repeating it.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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