Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1962 NO. 100 >

A city or county acting separately or together does not have the authority to impose a flat charge upon each passenger boarding an airplane at a municipal airport which is operated jointly by said city and county.

AGO 1955 NO. 101 >

(1) A county has no right of eminent domain to acquire rights-of-way for public highways within city limits.  (2) A fourth class town may dedicate a street through park property provided that the use of the land for street purposes will not be inconsistent with the use of the remaining land for park purposes.

AGLO 1973 NO. 103 >

Criteria to be applied in determining whether a rezone from Forestry Recreation and Residential to Industrial constitutes illegal spot zoning under prior decisions of the Washington Supreme Court.

AGLO 1974 NO. 104 >

A county, and a city situated within that county may both impose the special excise tax authorized by RCW 67.28.180 on statutorily taxable transactions occurring within the city.

AGLO 1973 NO. 107 >

(1) Second, third and fourth class cities are required by RCW 35.23.352 to call for bids in connection with the purchase of professional services where the anticipated cost for such services will exceed $2,000, and this statute contains no exception to reflect the possibibility of a conflict between its requirements and a canon of professional ethics which is so written as to prohibit the members of the profession which it governs from responding to a city's call for bids for their service.
 
(2) Counties, code cities and first class cities are not required to bid for professional services and therefore, the governing bodies of such municipalities may exercise discretion in connection with this matter.

AGLO 1973 NO. 108 >

Extent to which an alcoholism administrative board is required in order for a city and county to receive liquor taxes and profits under chapter 70.96 RCW, as amended by chapter 155, Laws of 1973, 1st Ex. Sess.

AGO 1964 NO. 108 >

(1) A city or town may acquire and operate a public park located within the corporate limits of another city. (2) Two or more municipalities coming within the provisions of RCW 67.20.010 may jointly own or operate a public park located within the boundaries of one of the municipalities concerned. (3) A county may acquire and operate a park within a city. (4) A city or town may operate a park within the boundaries of a park and recreation district. (5) State parks and recreation commission may obtain land for park purposes located within a city or town without any special legislative authority.

AGO 1962 NO. 110 >

(1) A county may be liable (a) for the cost of hospitalization and care of an injured county jail prisoner depending upon the prisoner's financial status; (b) for damages sustained by a county jail prisoner injured through negligent conduct attributable to the county. (2) Where there is a possible county liability, insurance may be purchased for the county by the board of county commissioners.

AGO 1966 NO. 111 >

Where the commissioner of public lands, pursuant to RCW 79.01.340, has granted a right of way across public lands to the state highway department, or to a board of county commissioners, for the establishment and construction of a road or street, and has received legally required compensation therefor, the right of way grantee may, in turn, grant a franchise to a public utility for power lines, telephone and telegraph lines, gas lines, water mains, or sewer lines without the payment of additional compensation to the commissioner.

AGO 1955 NO. 112 >

A city or county may not enact restrictive zoning ordinances or resolutions without appointing a planning commission and complying with statutory procedure.