[3] Owners of the rezoned property are, however, indispensable parties and ordinarily the failure to join them will warrant dismissal. Veradale, supra; Andrus v. County of Snohomish, 8 Wn. App. 502, 507 P.2d 898 (1973); Board of County Comm'rs v. Carter, 193 Colo. 225, 564 P.2d 421 (1977); Westlund v. Carter, 193 Colo. 129, 565 P.2d 920 (1977). In reaching that result, courts have considered several factors:
(1) The successful property owner-applicant is a necessary party because he is "most affected" by the granting of the writ of review, and he should be a party to any proceeding, the purpose of which is to invalidate or affect his interests. Andrus v. County of Snohomish, 8 Wn. App. 502, 507-08, 507 P.2d 898 (1973). (2) As a quasi-judicial body, a zoning board has no legal interest in the ultimate decision, but represents the public interest, and is primarily concerned with assisting the court to make a proper judgment.
Esmieu v. Schrag, 15 Wn. App. 260, 265, 548 P.2d 581 (1976), affirmed, 88 Wn.2d 490, 563 P.2d 203 (1978).Andrus v. County of Snohomish, 8 Wn. App. 502, 507, 507 P.2d 898 (1973); Hennigh v. Board of County Comm'rs, 168 Colo. 128, 450 P.2d 73 (1969); State ex rel. Vieux Carre Property Owners Assocs. v. Board of Zoning Adjustments, 197 So.2d 691 (La. Ct. App. 1967); Stokes v. Township of Lawrence, 111 N.J. Super. 134, 268 A.2d 10 (1970). We considered the following factors in reaching this result.
f property directly affected by a land use decision or a person with an interest in the property which is the subject of the land use decision is a party to be joined in writ proceedings involving that decision. E.g., South Hollywood Hills Citizens Ass'n v. King County, 101 Wn.2d 68, 70, 677 P.2d 114 (1984) (property owners in a plat dispute); Cathcart-Maltby-Clearview Community Council v. Snohomish County, 96 Wn.2d 201, 207, 634 P.2d 853 (1981) (property owners affected by rezone); National Homeowners Ass'n v. City of Seattle, 82 Wn. App. 640, 643-44, 919 P.2d 615 (1996) (property purchaser and project developer); Woodward v. City of Spokane, 51 Wn. App. 900, 903, 756 P.2d 156 (1988) (same); Coastal Bldg. Corp. v. City of Seattle, 65 Wn. App. 1, 5, 828 P.2d 7 (1992) (neighboring lot owner who had legal right to park on affected lot); Veradale Valley Citizens' Planning Comm. v. Board of County Commr's, 22 Wn. App. 229, 232-33, 588 P.2d 750 (1978) (successful property owner-applicant); Andrus v. Snohomish County, 8 Wn. App. 502, 503, 507 P.2d 898 (1973) (grantee of conditional use permit). Not all jurisdictions find even the property owner to be an indispensable party, although the view that he or she is "seems to be in the ascendance."
" See also, Western Pav. Const. Co. v. District Ct., Jefferson Cty., 183 Colo. 174, 515 P.2d 465 (1973); Andrus v. County of Snohomish, 8 Wn. App. 502, 507 P.2d 898 (1973); Tazza v. Planning and Zon. Com'n of Town of Westport, 164 Conn. 187, 319 A.2d 393 (1972). We believe that these cases reflect the better-reasoned view that a successful applicant for a zoning change should be joined as a party to an appeal from that decision by an aggrieved person, and any judgment rendered on appeal in his absence is invalid.
Statutory certiorari provides a means for courts to review judicial actions of public officers or organs of government where there is no statutory right of appeal nor an adequate remedy at law. Grays Harbor County v. Williamson, 96 Wn.2d 147, 152, 634 P.2d 296 (1981); Andrus v. Snohomish County, 8 Wn. App. 502, 508, 507 P.2d 898 (1973). The opportunity for a court of law to review administrative determinations provides "security against administrative injustice."
Thus, Eagle's absence would impair its ability to protect its interest. See SouthHollywood Hills Citizens Ass'n v. King County, 101 Wn.2d 68, 79, 677 P.2d 114 (1984) (project developer treated as indispensable party); Cathcart-Maltby-Clearview Community Council v. Snohomish County, 96 Wn.2d 201, 634 P.2d 853 (1981) (owners and developers treated as necessary parties); Andrus v. Snohomish County, 8 Wn. App. 502, 507 P.2d 898 (1973) (recipient of conditional use permit was indispensable party). NHA does not seriously dispute that Eagle was a necessary party.
Cathcart-Maltby-Clearview Comm'ty Coun. v. Snohomish Cy., 96 Wn.2d 201, 207, 634 P.2d 853 (1981); Woodward v. Spokane, 51 Wn. App. 900, 903, 756 P.2d 156, review denied, 111 Wn.2d 1027 (1988); Veradale Vly. Citizens' Planning Comm. v. Board of Cy. Comm'rs, 22 Wn. App. 229, 588 P.2d 750 (1978); Andrus v. County of Snohomish, 8 Wn. App. 502, 509, 507 P.2d 898 (1973), and cases cited therein. The landowner is an indispensable party in land use cases because he is the person "most affected" in any review proceeding, the purpose of which is to invalidate or otherwise affect the use of his property.
or public interest group, failed to name the property owners as defendants. See, e.g., Tellinghuisen v. King Cy. Coun., 103 Wn.2d 221, 222, 691 P.2d 575 (1984) (neighbors failed to name property owners as defendants in appeal of rezone decision); North St. Ass'n v. Olympia, 96 Wn.2d 359, 635 P.2d 721 (1981) (in each of three consolidated appeals, a neighborhood association or interested party failed to name or serve property owners as defendants in appeal of a land use decision); Cathcart, 96 Wn.2d at 206 (residents of neighboring communities failed to name property owners as defendants); Woodward v. Spokane, 51 Wn. App. 900, 903, 756 P.2d 156 (neighbors failed to name property owners as defendants in appeal of rezone), review denied, 111 Wn.2d 1027 (1988); Veradale Vly. Citizens' Planning Comm. v. Board of Cy. Comm'rs, 22 Wn. App. 229, 588 P.2d 750 (1978) (neighborhood group failed to name property owners and plat sponsors as defendants in consolidated appeal of land use decisions); Andrus v. Snohomish Cy., 8 Wn. App. 502, 503, 507 P.2d 898 (1973) (interested party failed to name property owner as defendant in appeal of land use decision). The principle gleaned from these cases is that if successful applicant/property owners are omitted as defendants in the appeal of a land use decision, there is a very real danger that their interests would not be adequately represented by other defendants named in the action.
In Andrus v. Snohomish Cy., 8 Wn. App. 502, 507 P.2d 898 (1973), Andrus sought a writ of certiorari to review the granting of a conditional use permit to Crow. The initial writ was styled as "Dwight Andrus vs. County of Snohomish and Its Board of Adjustment", and made no mention of Crow as the beneficiary of the Board's decision on the conditional use permit, nor was Crow ever served with the writ.