“Last year, the Pend Oreille Public Utility District No. 1 (“PUD”) purchased a parcel of land from Pend Oreille County for the express purpose of selling the parcel, and three other parcels, to HiTest Sand (now known as “PacWest”) for the development of a silicon smelter outside of the City of Newport. The purchase of the parcel from the County and the subsequent sale to PacWest, along with the authorizing resolution, failed to comply with Washington law governing the purchase and sale of property by government entities. This case challenges these ultra viresactions.
Plaintiffs request this Court to enter summary judgment in Plaintiffs’ favor, deny Defendant’s motion for summary judgement, and to enter a declaratory judgmentthat the land transactions by Pend Oreille County and the PUD are ultra viresand void as a matter of law.
Plaintiffs complaint included a request for a writ of prohibition as alternative grounds for relief. As set forth below, declaratory judgment provides sufficient relief to resolve this matter and, accordingly, Plaintiffs withdraw their request for a writ of prohibition.”