The Washington Supreme Court unanimously reversed itself and upheld the “petition method” of annexation as constitutional in Grant County FPD No. 5 v. City of Moses Lake. The petition method allows owners with 60 percent of the value of assessed land to petition for annexation into city limits.

For cities, the decision means they will not have to hold costly special elections to annex property. Special elections are also time-consuming, and impracticable where the land being annexed may only be a few acres without any residents.

The petition method of annexation was challenged on the basis that it violated the constitution by treating some property owners unequally. When the Washington Supreme Court initially held the petition to be unconstitutional, annexations ceased across the state. Without a practical way to annex land into city limits, cities have no authority to assess taxes for services such as water and sewer extension and were unwilling to assist builders in obtaining those services.

The Court’s reversal means greater access to services, which will allow more projects will proceed under the mandates contained in the Growth Management Act (GMA).

The Building Industry Association of Washington (BIAW) submitted an amicus (friend of the court) brief to support the petition method of annexation.