Opinion

Winkenwerder v. City of Yakima

  • 52 Wash. 2d 617
  • 328 P.2d 873
  • 1958 Wash. LEXIS 421
Court
Washington Supreme Court
Filed
Jul 24, 1958
Status
Published
Author
Mallery
On the bench
Finley, Mallery
Cited by
40 cases
Authority
More cited than 5.3%

city contract for placement of advertising on parking meters not subject to city charter governing a “ ‘franchise or right to occupy or use the streets, highways, bridges, or public places of the city ”

How later courts described this case

  • city contract for placement of advertising on parking meters not subject to city charter governing a “ ‘franchise or right to occupy or use the streets, highways, bridges, or public places of the city ”
  • city ordinance authorizing leasing of advertising space on city parking meters does not offend constitution

Written by the judges who cited it.

The opinion

Mallery, J.

(concurring) — The demurrer should have been sustained. The plaintiffs have no right to maintain their action under the declaratory judgment act or at all.

RCW 7.24.020, Rem. Rev. Stat. (Sup.), § 784-2, provides:

. “A person interested under a deed, will, written contract or othér writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.” (Italics mine.)

The key word in the above italicized language is right. This court unanimously held in Kitsap County v. Bremer-ton, 46 Wn. (2d) 362, 281 P. (2d) 841 , that one attacking the validity of an act must show that its enforcement operates as an infringement on the complaining party’s constitutional rights; and without such a showing, the validity of an act cannot be questioned. De Grief v. Seattle, 50 Wn. (2d) 1, 297 P. (2d) 940 , Adams v. Walla Walla, 196 Wash. 268 , 82 P. (2d) 584 , Washington Beauty College v. Huse, 195 Wash. 160 , 80 P. (2d) 403 .

The city’s parking meters are in place, and the right to maintain them is not questioned. The addition of the ad *634 vertising matter does .not involve a private right of the respondent. He cannot litigate a political matter: falling within the charter powers of the city without alleging special damages. . .

I concur in the result.

December 4, 1958. Petition for rehearing denied;

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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