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River Park Square v Miggins :: 143 Wn2d 68

Category: Land Use and Property Rights

Submitted by: cominus

In 1995, the Cowles family (Developers) entered into a complex partnership with the City of Spokane (City) for the rehabilitation of the River Park Downtown area, which included a parking garage (Garage). The Garage was purchased by a nonprofit foundation set up for this purpose. The foundation financed the acquisition through bonds authorized by the City. The City Council subsequently passed an ordinance that allowed for mortgage and operating revenue shortfalls to be subsidized by parking meter revenues. There is no mandate and there are several disclaimers to protect the City.

This public-private partnership was a large issue in the following elections. Accordingly, there was a revolution in the make up of the council. The new council has been unwilling to recognize any handshake agreements these ordinances were designed to support. As a result, the council has refused to allow any parking meter revenues to transfer to the owners of the garage.

The developers sued. The high court held that the City Charter and State law requires council approval for every appropriation. This ordinance the developers rely upon was not an appropriation.

Using taxpayer money to fund private projects is always a bad idea; even when some public benefit can be demonstrated. Public private partnerships conflict with the intent, if not the plain wording, of the eminent domain section of the Constitution (Art 1, Sec 16; see our review of State v. Evans, 136Wn2d 811).

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See to it that no one takes you captive through hollow and deceptive philosophy, which depends on human tradition and the basic principles of this world rather than on Christ. A wise man has great power, and a man of knowledge increases strength; for waging war you need guidance [the Scriptures], and for victory many advisers [the teaching of God-fearing men]. From the days of John the Baptist until now, the kingdom of heaven has been forcefully advancing, and forceful men lay hold of it [not feel-good, easy-believism]. Anyone who lives on milk, is not acquainted with the teaching about righteousness. But solid food is for the mature, who by constant use [of the Scriptures] have trained themselves to distinguish good from evil. [Col 2:8; Pro 24:5-6; Mat 11:12; Heb 5:13-14 NIV] The summary of this is Php 2:12: "Continue to work out your salvation with fear and trembling" [and the context is --] through your reliance upon Christ - who will accomplish His will through you, holding firmly to the Scriptures.