# Winkenwerder v. City of Yakima

> Washington Supreme Court · July 24, 1958 · 52 Wash. 2d 617

URL: https://www.frixlaw.com/law-library/cases/9550498

## Case

- **Full name:** Roy Winkenwerder, Respondent, v. the City of Yakima Et Al., Appellants, Republic Publishing Company, Respondent
- **Court:** Washington Supreme Court
- **Decided:** July 24, 1958
- **Citations:** 52 Wash. 2d 617; 328 P.2d 873; 1958 Wash. LEXIS 421
- **Precedential status:** Published
- **Opinion:** Concurrence by Mallery
- **Judges:** Finley, Mallery
- **Cited by:** 40 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9550498

## Opinion text

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;

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9550498. Public record. Not legal advice.