SUPERIOR COURT OF WASHINGTON FOR CLARK COUNTY LARRY PATELLA, DEBBIE PETERSON, RALPH PEABODY, CHARLIE STEMPER, STEVE

HERMAN, and DON YINGLING, vs. Petitioners, No. 13-2-01866-1 ORDER DENYING PETITIONERSMOTION FOR DECLARATORY JUDGMENT AND WRIT OF MANDATE

CITY OF VANCOUVER, Defendant.

This matter came before the Court on Petitioners Motion for Declaratory Judgment and Writ of Mandate. The Court heard the oral argument of counsel for Defendant City of

Vancouver, Assistant City Attorney Linda A. Marousek, and counsel for Petitioners, Stephen Pidgeon, on July 30, 2013. The Court considered the following: 1. Petition for Declaratory Judgment and Writ of Mandate. 2. City of Vancouvers Answer, Affirmative Defenses, and Counterclaim for Declaratory Judgment and Injunctive Relief. 3. Defendant City of Vancouvers Motion for Summary Judgment for Declaratory and Injunctive Relief.
[PROPOSED] ORDER DENYING PETITIONERS MOTION FOR DECLARATORY JUDGMENT AND WRIT OF MANDATE - 1
TED H. GATHE CITY ATTORNEY 415 W. 6TH STREET VANCOUVER, WA 98668 Tel: (360) 487-8500 * Fax: (360) 487-8501

4. City of Vancouvers Memorandum in Support of Motion for Summary Judgment for Declaratory and Injunctive Relief. 5. Affidavit of Eric Holmes. 6. [Proposed] Order Granting City of Vancouvers Motion for Summary Judgment for Declaratory Judgment and Injunctive Relief. 7. Petitioners Motion for Declaratory Judgment for and Writ of Mandate. 8. Defendant City of Vancouvers Response to Petitioners Motion for Declaratory Judgment for and Writ of Mandate. 9. Supplemental Affidavit of Eric Holmes (w/Ex. A-B). 10. [Proposed] Order Denying Petitioners Motion for Declaratory Judgment for and Writ of Mandate. Having reviewed the foregoing and heard argument from counsel, and considering itself fully advised, it is HEREBY ORDERED that the Petitioners Motion for Declaratory Judgment and Writ of Mandate is DENIED, and further DECLARES: 1. The proposed initiative exceeds the scope of the local initiative power because it impermissibly interferes with City administrative functions as proscribed by the State Constitution. 2. The proposed initiative exceeds the scope of the local initiative power because it impermissibly interferes with City Council budget functions.

[PROPOSED] ORDER DENYING PETITIONERS MOTION FOR DECLARATORY JUDGMENT AND WRIT OF MANDATE - 2

TED H. GATHE CITY ATTORNEY 415 W. 6TH STREET VANCOUVER, WA 98668 Tel: (360) 487-8500 * Fax: (360) 487-8501

3. The proposed initiative exceeds the scope of the local initiative power because it impermissibly interferes with matters delegated by statute exclusively to the local legislative body, the Vancouver City Council and is exempted by the State Constitution. 4. The severability clause does not save the remaining portions of the proposed initiative to be placed on the ballot, because all of the operative sections of the proposed initiative, as described above, are invalid. 5. The matter is not moot. AND the Court further ORDERS that: 1. The Courts Memorandum of Opinion attached hereto is incorporated herein.

DATED this 31st day of July, 2013. ____________________________ The Honorable John F. Nichols Superior Court Judge

Presented by: TED GATHE, CITY ATTORNEY VANCOUVER, WASHINGTON ____________________________ Linda A. Marousek, WSBA No. 12045 Ted H. Gathe, WSBA No. 5632 Attorneys for Defendant City of Vancouver
[PROPOSED] ORDER DENYING PETITIONERS MOTION FOR DECLARATORY JUDGMENT AND WRIT OF MANDATE - 3
TED H. GATHE CITY ATTORNEY 415 W. 6TH STREET VANCOUVER, WA 98668 Tel: (360) 487-8500 * Fax: (360) 487-8501

Approved as to form, Consent to Entry and Notice of Presentation Waived: DATED this ____ day of __________, 2013.

Stephen Pidgeon, WSBA# 25265 Attorney for Plaintiff

[PROPOSED] ORDER DENYING PETITIONERS MOTION FOR DECLARATORY JUDGMENT AND WRIT OF MANDATE - 4

TED H. GATHE CITY ATTORNEY 415 W. 6TH STREET VANCOUVER, WA 98668 Tel: (360) 487-8500 * Fax: (360) 487-8501