Cougar Business Owners Association v. State

647 P.2d 481 (1982)

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Cougar Business Owners Association v. State

Washington Supreme Court
647 P.2d 481 (1982)

CR

Facts

In March 1980, Mount St. Helens, a volcano in the State of Washington (defendant), erupted. In April 1980, Governor Dixy Lee Ray (defendant) declared a state of emergency and created two restricted zones, known as the red zone and the blue zone, near the mountain. During the emergency, these zones could be accessed only by government, law enforcement, and search-and-rescue personnel. The town of Cougar, which was 11 miles away from the mountain, was in the red zone. In the following months, the volcano continued to erupt in an unpredictable pattern, and the restricted zones were broadened. During this time, Governor Ray conferred with numerous experts and formed a Mount St. Helens watch group to ensure her decisions were informed. In October 1980, Cougar was removed from the red zone. An association of Cougar business owners (the association) (plaintiff) sued, contending that the state of emergency was declared too soon, Cougar was improperly included in the red zone, and Cougar was not removed from the red zone expediently enough. The association alleged that Governor Ray did not have the constitutional or statutory authority to act as she did. The trial court dismissed the association’s complaint. The association appealed.

Rule of Law

Issue

Holding and Reasoning (Dimmick, J.)

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