Is a sports stadium a public good?

Posted on March 6, 2009 by Michael Reitz

The Supreme Court thinks so. Zack Lowe at The Am Law Daily has a good summary of yesterday's Safeco field ruling.

For more on that question, check out CLEAN v. State, 130 Wash.2d 782 (1996). The Stadium Act provided public financing for the construction of Safeco Field, and included an "emergency clause" which shields legislation from referendum. Emergency clauses declare an act "necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing public institutions." The Supreme Court upheld that particular emergency declaration.

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Today at the Supreme Court

Posted on March 5, 2009 by Michael Reitz

The Supreme Court has issued a ruling in WA State Major League Baseball Stadium Public Facilities District v. Huber, Hunt & Nichols-Kiewit Construction, No. 81029-0. The Public Facilities District initiated the action to recover damages for SAFECO Field construction defects. The construction company ("HK") claimed the action was barred by the 6-year statute of limitations, and the trial court awarded summary judgment in the company's favor.

The Supreme Court reversed the trial court's order and remanded the case for further proceedings. Justice Debra Stephens, writing the 6-3 majority decision, said that construction of Safeco Field by the PFD involves the exercise of sovereign power, and claims based on its construction fall within the "for the benefit of the state" exemption to the statute of limitations. Justice Richard Sanders dissented, protesting that "[c]onstruction of a professional baseball stadium for private profit is certainly not 'for the benefit of the state' as that phrase is understood in our case law." Justices Tom Chambers and James Johnson joined Sanders' dissent.

UPDATE: The Washington Construction Law Blog, published by Davis Wright Tremaine, has more information about the case here.

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