Clark County v. W. Wash. Growth Mgmt. Hearings Review Bd.

Summary

The Washington Supreme Court held that an appellate court may not adjudicate separate and distinct claims that were resolved below and were not raised on appeal, absent a necessity to resolve the issues properly presented. The court vacated the Court of Appeals’ opinion insofar as it addressed claims concerning annexed lands. A concurrence would have dismissed those claims as moot.

Holdings

1. An appellate court must not adjudicate claims that were resolved below, are separate and distinct from the claims actually raised, and were not challenged on appeal, unless review of those claims is necessary to properly resolve the appealed issues.
2. The Court of Appeals erred by addressing the resolved claims concerning the annexed lands, and its opinion must be vacated insofar as it relates to those claims.

Questions Presented

1. Whether an appellate court may review separate and distinct claims that were resolved below and were not raised by any party on appeal.
2. Whether the Court of Appeals erred by addressing the status and effect of annexations involving parcels that were not at issue in the appeal.

Disposition

vacated