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Thread: WA State Preemption Case

  1. #1
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    Hi All, in light of the Chan case, I thought this might be of some use to all the WA State members, yes it involves Preemption, although it is NOT gun related, but it does offer some insight in to how these justices think.

    I sincerely hope this helps people here. And helps all gun owners in WA State.

    Lawson v. City of Pasco, No. 81636-1.

    http://www.courts.wa.gov/opinions/in...name=816361MAJ

    Like it or not this is an important case.

    Paul Lawson owns and operates a mobile home park in the City of Pasco. The City issued Lawson a citation for permitting one of his tenants to live in an RV, which violated a city ordinance. Lawson challenged that the ordinance was preempted by state law, specifically the Manufactured/Mobile Home Landlord-Tenant Act (MHLTA, RCW 59.20). The trial court found for Lawson, but was reversed by the Court of Appeals.

    In today's five-to-four decision and with four opinions, the Supreme Court affirms the Court of Appeals. Justice Charles Johnson wrote the majority opinion, finding that the state has not preempted the field of mobile home park regulation and that Pasco's ordinance did not conflict with the MHLTA.

    The Chief Justice signed the majority opinion and also wrote a short concurrence noting that both the state and local laws have been changed to allow tenants to live in RVs. Justice Sanders, joined by Justices Gerry Alexander and James Johnson, dissents and would hold that "the State has preempted the field of mobile home park regulation." Justice Fairhurst, in her own dissent, argues that "Pasco's ordinance ... conflicts with the MHLTA." (briefs and argument)

    XD








  2. #2
    Founder's Club Member - Moderator Gray Peterson's Avatar
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    XD45PlusP wrote:
    Hi All, in light of the Chan case, I thought this might be of some use to all the WA State members, yes it involves Preemption, although it is NOT gun related, but it does offer some insight in to how these justices think.

    I sincerely hope this helps people here. And helps all gun owners in WA State.

    Lawson v. City of Pasco, No. 81636-1.

    http://www.courts.wa.gov/opinions/in...name=816361MAJ

    Like it or not this is an important case.

    Paul Lawson owns and operates a mobile home park in the City of Pasco. The City issued Lawson a citation for permitting one of his tenants to live in an RV, which violated a city ordinance. Lawson challenged that the ordinance was preempted by state law, specifically the Manufactured/Mobile Home Landlord-Tenant Act (MHLTA, RCW 59.20). The trial court found for Lawson, but was reversed by the Court of Appeals.

    In today's five-to-four decision and with four opinions, the Supreme Court affirms the Court of Appeals. Justice Charles Johnson wrote the majority opinion, finding that the state has not preempted the field of mobile home park regulation and that Pasco's ordinance did not conflict with the MHLTA.

    The Chief Justice signed the majority opinion and also wrote a short concurrence noting that both the state and local laws have been changed to allow tenants to live in RVs. Justice Sanders, joined by Justices Gerry Alexander and James Johnson, dissents and would hold that "the State has preempted the field of mobile home park regulation." Justice Fairhurst, in her own dissent, argues that "Pasco's ordinance ... conflicts with the MHLTA." (briefs and argument)

    XD








    It's an excellent case, and even the majority opinion proves our point about the application of RCW 9.41.290.

  3. #3
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    Ok I'll Bite... I should take the time to look into these things more but after reading that story how does that show me anything about the pre-emtion with OC?

    -B

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