Court Decisions - Creation of New Counties

Freedom County v. Snohomish County, 95 Wn.App. 839 (1999)

The state constitution does not provide a right of citizens for citizens to form a new county; and the voters may not create a county by petition. Consequently, no action my be maintained in the name of a political entity that does not exist. The discretion and power to create or decline to create a new county resides in the legislature alone.

Cedar Cy. Comm. v. Munro, 134 Wn.2d 377 (1998)

The state supreme court rejected the argument that the Washington Secretary of State was required to certify that citizen petitions for the formation of a new county (Cedar County in King County), submitted under Art. XI, § 3, of the Washington Constitution, constituted an "election." The supreme court also held that the State Legislature could not be compelled by petition to create a new county and that the discretion and power to create - or decline to create - a new county belonged to the Legislature alone.

Peacock v. Public Disclosure Comm., 84 Wn.App. 282 (1996), rev. den., 131 Wn.2d 1022 (1997)

Holding that the Cedar County Committee, a non-profit corporation formed for the purpose of creating a new county out of a portion of King County, is a "grass roots lobbying campaign" that must comply with the state public disclosure commission's requirements under the Fair Campaign Practices Act, Ch. 42.17 RCW.