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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
JEFFERSON COUNTY,
Respondent,
V.
MICHAEL D. ANDERSON,
Petitioner.
No. 53559-9-II
RULING DENYING REVIEW
Michael Anderson seeks discretionary review of the superior court’s decision
affirming his district court infraction for violating Jefferson County’s solid waste ordinance
as to solid waste, including but not limited to junk vehicles, found on his Maude Street
property. He seeks discretionary review under RAP 2.3(d), under which this court may
grant review of a superior court decision reviewing a decision of court of limited jurisdiction
only:
(1) If the decision of the superior court is in conflict with a decision
of the Court of Appeals or the Supreme Court; or
(2) If a significant question of law under the Constitution of the
State of Washington or of the United States is involved: or
(3) If the decision involves an issue of public interest which should
be determined by an appellate court;
53559-9-11
(4) If the superior court has so far departed from the accepted
and usual course of judicial proceedings, or so far sanctioned such a
departure by the court of limited jurisdiction, as to call for review by the
appellate court.
First, Anderson argues that the superior court’s affirmance of the district court’s
finding of an infraction is in conflict with Cannabis Action Coalition v. City of Kent, 180
Wn. App. 455, 482, 322 P.3d 1246 (2014), which held that an administrative regulation
that conflicts with a state statute is invalid. He contends that Jefferson County Code
section 8.10.100, which defines “[sjolid waste” to include “junk vehicles or parts thereof
conflicts with RCW 70.95.030(22), which defines “[sjolid waste” to include “abandoned
vehicles or parts thereof.” But RCW 70.95.030(22) defines “solid waste” to mean “solid .
. . wastes including, but not limited to . . . abandoned vehicles or parts thereof.” RCW
70.95.030(22) permits Jefferson County to include “junk vehicles” in its definition of “solid
waste.” The superior court’s ruling that the Jefferson County definition is not preempted
does not conflict with Cannabis Action Coalition or any of the other cases cited by
Anderson.
Second, Anderson argues that the superior court erred in not finding his operation
of an auto repair facility on the Maude Street property was a legal nonconforming use.
But he did not raise that issue in his appeal from the district court infraction and so cannot
raise it for the first time in this motion.
Third, Anderson argues that the superior court’s affirmance of the district court’s
findings that he had moved junk vehicles and solid waste to the Maude Street property
were not supported by substantial evidence. But Anderson admitted moving vehicles,
which had been found to be junk vehicles in a nuisance proceeeding as to the Old Hadlock
53559-9-
property, to the Maude Street property. And there were other forms of solid waste,
beyond junk vehicles, found on the Maude Street property. The superior court did not err
in affirming the district court’s findings.
Anderson does not show that the superior court’s decision conflicts with any
appellate decisions. Nor does he demonstrate a significant question of constitutional law,
an issue of public importance or that the superior court departed from the accepted and
usual course of judicial proceedings. Anderson fails to show that discretionary review is
appropriate under RAP 2.3(d). Accordingly, it is
ORDERED that Anderson’s motion for discretionary review is denied.
DATED this day of _____________ _______, 2019.
Eric B. Schmidt
Court Commissioner
cc:Joan Best
Philip C. Hunsucker
Elizabeth L. Ensign
Hon. Jill Landes
Hon. Keith C. Harper