Court tosses Eugster appeal over 2002 primary

The state Court of Appeals on Tuesday upheld a Spokane County Superior Court judge’s order directing former Spokane City Councilman Steve Eugster to pay $43,875 in attorney fees to Spokane County Commissioner Phil Harris.

In addition, the Division III appeals court ruled Eugster now must pay unspecified additional attorney costs Harris incurred because Eugster appealed the May 2003 ruling of Superior Court Judge Maryann Moreno.

The appeals court said it was tossing Eugster’s appeal because the statute of limitations had expired and because he lacked legal standing to bring the challenge.

Eugster had no comment when contacted Tuesday at his Spokane law office.

The legal battle began after Eugster filed a suit to invalidate the September 2002 Democratic primary election for county commissioner, claiming blanket primaries are unconstitutional. In that election, Eugster lost his bid to face Republican incumbent Harris in the November general election.

Eugster sued Harris, Spokane County Auditor Vicky Dalton and Secretary of State Sam Reed.

Moreno later dismissed Eugster’s suit as “frivolous” and ordered him to pay Harris’ $43,875 in legal bills. Harris hired private attorney Frank Conklin to represent him in the action.

Eugster then appealed Moreno’s ruling to the Court of Appeals, Division III.

“We agree with the trial judge that the losing candidate, Eugster, lacked standing to raise the challenge and that his action was not timely (filed) even if he had standing,” said the appeals court ruling written by Judge Dennis J. Sweeney. Judges Frank L. Kurtz and Stephen M. Brown concurred.

“We affirm the dismissal of the action as frivolous and award fees on appeal,” the appeals court ruling said.

The ruling held that Eugster lacked standing because he did not represent one of the political parties, and said the trial court judge didn’t rule on the merits of the election challenge. “With no action by the trial court on the merits of an issue, we have nothing to review,” the appeals court said.

Harris found out about the appeals court ruling during a budget hearing. “Hot dog!” he shouted, then tempered his enthusiasm with a prediction that Eugster could take the issue to the state Supreme Court.

Harris said he won’t feel vindicated until Eugster pays the court-ordered attorney fees.