Paper Example on Cougar Biz Owners v. WA: Emergency Declared After Mount St. Helens Eruption

What Happened in this Case? (Facts)

In April 1980, a state of emergency was declared by the State of Washington, Governor Ray, and two unnamed individuals after the volcanic eruption of Mount St. Helens on March 27, 1980. The Appellants, who are members of the Cougars Business Owners Association alleged that the respondents' (including the state, Governor Ray, and others) actions led to the loss of property. The Appellants claim that the declaring of the state of emergency was made too soon hence the loss of property.

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How did the Case get to this Particular case? (Procedural History)

The town of Cougar is situated approximately 11 miles southwest of Mount St. Helens, near the north end of Yale Lake. On March 27, 1980, Mount St. Helens erupted leading to the declaration of the state of emergency by Governor Ray on April 3, 1980. The appellants, Cougars Business Owners Association, filed a lawsuit against respondents, the state, Governor Ray, and others. Appellants alleged that as a result of the state of emergency declared by the governor in response to the expected volcanic eruptions, a lot of property was damaged. The Supreme Court of Washington ruled in the favor of respondents, dismissing the complaint that had been filed by the Cougar Business Owners Association.

What Legal Problem is this Court Being asked to Solve? (Issue Question)

The issue is whether appellants' damage suit is justified to assail the respondents' actions in declaring a state of emergency and imposing restrictions.

How Did the Court Answer the issue Question?

The court affirmed the dismissal of appellants' action for damages based upon the state of emergency declared due to volcanic activity.

Why did the Court Answer the Issue the way it did? (Reasoning)

The court affirmed the dismissal of the case based on the following reasons:

• In the event of a natural disaster, it is the duty of the government to ensure that there is public peace and people are safe.
• Given the case of a volcano, it was necessary to restrict the affected area during the period of unanticipated eruptions.
• The governor acted within her constitutional and statutory right to restrict access to certain areas for the safety of the people.
• It was established that Governor Ray made a sound decision by including the town of Cougar in the restricted zone owing to the fact that it was exposed to danger from the volcano eruptions.

Do you agree with the Court's Decision? Why or Why not?

I concur with the court's decision. According to Governor Ray's affidavit, she clearly states that the extent to which the volcano would erupt could not be established and as such, it posed a threat to both life and property within the state. Governor acted within her position to ensure that the people of Cougar Town were safe. It was after seeking the insight federal, scientific experts, state and local officials that she reached the decision to declare the state of emergency. It may have been soon as the appellants claim but it was certainly the right thing to do, otherwise, lives would have been lost.