Edmonds School District No. 15 v. City of Mountlake Terrace ( 1970 )

Neill, J.

(concurring) — I concur in the result, but feel obliged to point out the limitation of the issue before us. As is aptly stated in the brief of respondent city, this case does not involve “the situation where the city is attempting to regulate construction of a state university, we are not attempting to assert that a land use zone prohibits construction of schools; and we do not have a situation where there is in existence a ‘state building code.’ ”

All that is before us is the right of a city to exercise its constitutional authority to promulgate local police power regulations in a field (a) where the state has not enacted general laws; (b) where regulations are applicable to a school district as a municipal corporation, as distinguished from the state itself acting through a department, institution or agency; and (c) where otherwise the district would neither have nor be governed by established, ascertainable standards for building construction. See Board of Regents v. Tempe, 88 Ariz. 299, 356 P.2d 399 (1960); Green County v. Monroe, 3 Wis. 2d 196, 87 N.W.2d 827 (1958); and Hall v. Taft, 47 Cal. 2d 177, 302 P.2d 574 (1956).

Weaver and McGovern, JJ., concur with Neill, J.