Columbia Riverkeeper v. Port of Vancouver USA (Majority)Annotate this Case
An exception to the open meeting mandate of the Washington's Open Public Meetings Act (OPMA) permits governing bodies to enter executive session "[t]o consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price." The parties disputed the scope of this exception as applied to five executive sessions conducted by the Port of Vancouver USA (the Port). The scope of this "minimum price" exception was a matter of first impression for the Washington Supreme Court. It held that a government entity may enter executive session to discuss the minimum acceptable value to sell or lease property, but not to discuss all factors comprising that value. To the extent that various factors directly alter the lowest acceptable value, the governing body may discuss how these factors impact the minimum price; but general discussion of the contextual factors themselves must still occur at an open public meeting. As a result, the Supreme Court reversed the trial court's partial summary judgment in favor of the Port and remanded for further proceedings.