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Sen. Curtis King Files Lawsuit to Block Use of Highway Land for Non-Highway Projects

FOR IMMEDIATE RELEASE

September 24, 2025

Sen. Curtis King Files Lawsuit to Block Use of Highway Land for Non-Highway Projects

Olympia, Washington — September 24, 2025 Today, Washington State Senator Curtis King (R–Yakima), represented by the Citizen Action Defense Fund, filed a lawsuit in Thurston County Superior Court challenging the constitutionality of House Bill 1774, which authorizes the Washington State Department of Transportation (WSDOT) to lease unused highway land to non-profit organizations for non-highway “community purposes” such as housing, parks, and public spaces.

The lawsuit seeks a declaratory judgment and injunction to stop WSDOT from carrying out any actions under HB 1774 that would divert highway-purpose property and funds to non-highway uses.

“Washington taxpayers pay billions each year in gas taxes and vehicle fees with the expectation that these dollars will be used exclusively for building and maintaining our state’s highways,” said Sen. King. “I filed this suit to protect taxpayers and ensure that highway dollars stay where they belong – on our roads.”

The demand letter identifies several constitutional violations, including:

  • Gift of Public Funds Clauses – The Act permits below-market or in-kind leases that amount to unconstitutional gifts of taxpayer-owned property to private entities.
  • Highway Purposes Clause – The Washington Constitution requires that lands and funds designated for highways be used exclusively for highway purposes, not unrelated projects like parks or salmon restoration.

“This case is about accountability,” said Jackson Maynard, Executive Director of the Citizen Action Defense Fund and lead counsel for the lawsuit. “Much of the land for these highway projects is taken by the state from private citizens and small businesses. The Legislature cannot simply repurpose constitutionally protected funds and property to pursue unrelated policy goals, no matter how well-intentioned.”

Media Contact:

Paige McElwrath

Director of Communications and Operations, Citizen Action Defense Fund

[email protected] | (503) 863-4846