[WSBARP] City of Seattle v Long - No Longer Able to Tow Vehicles Occupied by Homeless?

[Andrew Hay]

Also significant mention of the need to consider ability to pay when imposing fines and $547 was excessive.  This will send a ripple through the courts.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Thursday, August 12, 2021 10:12 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] City of Seattle v Long - No Longer Able to Tow Vehicles Occupied by Homeless?

This is unbelievable. The implications go far beyond just a vehicle, right?
Sent from my iPhone


On Aug 12, 2021, at 8:48 AM, Rob Rowley <rob at rowleylegal.com<mailto:rob at rowleylegal.com>> wrote:

It strikes me that this ruling will prevent municipalities from towing any abandoned vehicle for fear of someone claiming it was their homestead?  Am I reading too much into this?

How about private owners being able to exercise right of private tow on their own properties for fear of a claim of a homestead exemption?


New Supreme Court Opinions as of Thursday, August 12



Aug. 12, 2021 - 98824-2 - City of Seattle v. Long

https://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=988242MAJ


“Simply  put,  the  homestead act was  intended to provide  shelter  for  families.  Macumber v.  Shafer,  96 Wn.2d 568,  570,  637 P.2d  645 (1981)  (citing  Clark  v. Davis,  37  Wn.2d  850,  226 P.2d 904 (1951)).   The  act  bars the  city  from  towing a vehicle  that is  occupied as a  primary  residence  and from  forcing an  individual to agree  to a  payment plan to prevent that vehicle  from  being  sold at a  public  auction.  With these  observations,  I  respectfully  concur.”


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