March 2004

The Superior Court of the State of Washington in and for King County: Order on Plaintiffs Motion for Summary Judgment

This case has come before the court on plaintiffs motion for partial summary judgment on two distinct issues. The court must decide 1) whether the legislature has violated the "two subject" rule in violation of Art. II, Sections 19 and 37 of the Washington State Constitution, and 2) whether the legislature acted beyond the scope of its authority, or ultra vires in enacting legislation permitting the continued "down-sizing" of Fircrest School. Because this motion is being made before a full hearing can be heard, the court is required to deny the plaintiffs motion and allow the matter to proceed to trial unless the plaintiffs can show beyond a reasonable doubt that the legislature violated the Constitution. The court also cannot decide disputed issues of fact without giving each party a right to a full hearing. Because the plaintiffs are seeking to prevent the State from putting on witnesses and having a full hearing, the court must also base this ruling on what the State asserts it will prove if given a chance to proceed to trial.