Summary
The Washington Supreme Court considered whether the Relocation Act, chapter 8.26 RCW, waives the State's sovereign immunity from interest on relocation assistance benefits. The court held that the Act does not expressly or impliedly authorize interest on such awards and that eminent-domain interest statutes do not apply to separate administrative relocation benefits. The court reversed the Court of Appeals.
Holdings
- The Relocation Act does not expressly or impliedly waive the State's sovereign immunity for interest on relocation assistance awards.
- The eminent-domain statutes do not authorize interest on Union Elevator's relocation assistance award because the award was made through a separate statutory administrative process rather than in the same eminent-domain action or as a verdict in an eminent-domain proceeding.
- Sintra and Smoke do not control because relocation assistance benefits are distinct from constitutional just compensation and from the statutory cause of action and relief involved in Smoke.
Questions Presented
- Whether chapter 8.26 RCW, the Relocation Act, expressly or impliedly waives the State's sovereign immunity for interest on relocation assistance benefits.
- Whether eminent-domain interest statutes, including RCW 8.04.092 and RCW 8.28.040, can be read together with the Relocation Act to authorize interest on a separate administrative relocation assistance award.
Disposition
reversed
Cases Cited (18)
- Union Elevator & Warehouse Co. v. State, 96 Wn. App. 288, 980 P.2d 779 (1999)(prior procedural history)
- Union Elevator & Warehouse Co. v. State, 144 Wn. App. 593, 597, 183 P.3d 1097 (2008)(prior procedural history)
- Union Elevator & Warehouse Co. v. State, 152 Wn. App. 199, 202, 206-08, 215 P.3d 257 (2009)(reversed)
- State v. Hallauer, 28 Wn. App. 453, 455, 624 P.2d 736 (1981)(followed)
- Architectural Woods, Inc. v. State, 92 Wn.2d 521, 526-27, 598 P.2d 1372 (1979)(followed and distinguished)
- Locke v. City of Seattle, 162 Wn.2d 474, 480, 172 P.3d 705 (2007)(followed)
- Berrocal v. Fernandez, 155 Wn.2d 585, 590, 121 P.3d 82 (2005)(followed)
- Nat'l Elec. Contractors Ass'n v. Riveland, 138 Wn.2d 9, 19, 978 P.2d 481 (1999)(followed)
- State v. J.P., 149 Wn.2d 444, 450, 69 P.3d 318 (2003)(followed)
- Dep't of Ecology v. Campbell & Gwinn, LLC, 146 Wn.2d 1, 11, 43 P.3d 4 (2002)(followed)
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Cited In (0)
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