Wash. Supreme Court published opinion — 1012055.pdf

Citation: Wash. Supreme Court published opinion — 1012055.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/1012055.pdf ↗

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constitutionality of a statute or ordinance that is discriminatory on its face, but that is not

the question before us.

The procedural posture of this case is an appeal of the trial court’s grant of the

defendants’ motion for summary judgment based on lack of standing. Their primary

theory for dismissal was that the State lacked the statutory authority to pursue this matter

in any court for the same reasons it lacked standing in federal court. Because we are

reversing and remanding the case to the superior court for further proceedings, I make no

assumptions about the wisdom of the CFRHP. Courts should not substitute our social

beliefs “for the judgment of legislative bodies, who are elected to pass laws.” Ferguson

v. Skrupa, 372 U.S. 726, 730, 83 S. Ct. 1028, 10 L. Ed. 2d 93 (1963). Instead, our

analysis should be confined to whether the trial court was correct in finding that no

genuine issues of material fact existed when it granted the defendants’ summary

judgment motion based on standing. Ehrhart v. King County, 195 Wn.2d 388, 410, 460

P.3d 612 (2020) (“Summary judgment is appropriate only when there are no genuine

issues of material fact.”).

Beyond recognizing that the issues are of sufficient public interest to support an

action by the attorney general, the allegations in this case do not require us to comment

on the wisdom of the CFRHP itself. If Sunnyside failed to adhere to the requirements of

Equal Credit Opportunity Act banned the practice of racially motivated redlining. 42 U.S.C. §§
3604(a)-(c), 3605(a); 15 U.S.C. § 1691(a)(1).
3
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 101205-5
(Madsen, J., concurring)

CFRHP, which include landlord trainings, walk-throughs of rental properties to identify