Wash. Rev. Code » Title 7 · Chapter 7.16

Wash. Rev. Code § 7.16.160

Grounds for granting writ

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It may be issued by any court, except a district or municipal court, to any inferior tribunal, corporation, board or person, to compel the performance of an act which the law especially enjoins as a duty resulting from an office, trust or station, or to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled, and from which the party is unlawfully precluded by such inferior tribunal, corporation, board or person.
[ 1987 c 202 s 131; 1987 c 3 s 3; 1895 c 65 s 16; RRS s 1014.]

Notes:

Intent—1987 c 202: See note following RCW 2.04.190.
Severability—1987 c 3: See note following RCW 3.70.010.
Notes of Decisions
Cited in 82 cases (9 in the last 5 years), 1953–2026 · leading case: Department of Ecology v. State Finance Committee
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Department of Ecology v. State Finance Committee (1991) wash · cites it 4× “RCW 7.16.160. DOE contends that the Committee, in failing to approve the form of the lease agreement, failed to perform an act required by RCW 39.”
Eugster v. City of Spokane (2003) washctapp · cites it 2× “” RCW 7.16.160. “The writ must be issued in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law.”
Eugster v. City of Spokane (2003) washctapp · cites it 2× “It must be issued upon affidavit on the application of the party beneficially interested.”
Colvin v. Inslee (2020) wash “Besides showing a government official has a clear duty to act, RCW 7.16.160, those seeking the writ must show they have no “plain, speedy and adequate remedy in the ordinary course of law” and that they are “beneficially interested,” RCW 7.”
Jerry L. Barr v. Snohomish County Sheriff (2018) washctapp · cites it 2× “” RCW 7.16.160. Additionally, RCW 9.41.0975(2)(a) specifically authorizes a petition for a writ of mandamus requesting that the court direct “an issuing agency to issue a concealed pistol license or alien firearm license wrongfully refused.”
Retired Public Employees Council v. Charles (2003) wash “” RCW 7.16.160. A writ is appropriately issued in cases where there is not a “plain, speedy and adequate remedy in the ordinary course of law,” upon affidavit of a beneficially interested party.”
Cost Management Services, Inc. v. City of Lakewood (2013) wash “” RCW 7.16.160. Moreover, “[t]he determination of whether a statute specifies a duty that the person must perform is a question of law.”
SEIU Healthcare 775NW v. Gregoire (2010) wash “¶55 The governor has a specific mandatory duty to include requests in the budget to the legislature for funds necessary to implement the union’s CBA.”
SEIU HEALTHCARE 775NW v. Gregoire (2010) wash “¶ 55 The governor has a specific mandatory duty to include requests in the budget to the legislature for funds necessary to implement the union's CBA. RCW 74.39A.300 states in part: (1) Upon meeting the requirements of subsection (2) of this section, the governor must submit, as…”
Vashon Island Committee for Self-Government v. Washington State Boundary Review Board (1995) wash “” RCW 7.16.160. Courts should, however, refrain from requiring the performance of useless or vain acts.”
Thompson v. Wilson (2008) washctapp · cites it 2× “We reverse that portion of the trial court's order granting Wilson's motion for summary judgment dismissal of Thompson's petition for judicial review based on the statute of limitations.”
Seattle Times Co. v. Serko (2010) wash “RCW 7.16.160,.170. The duty to act must be ministerial in nature rather than discretionary.”
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