Johnston v. Beneficial Management Corp. of America

Andersen, J.

(concurring)—I concur with the majority opinion except that part which deals with appellant's First Amendment rights. As to that, "[w]e have consistently held that we will not pass on constitutional issues unless absolutely necessary to a determination of the appeal." Ohnstad v. Tacoma, 64 Wn.2d 904, 907, 395 P.2d 97 (1964). Since appellant agreed to the order which he was later found by the trial court to have violated, I would hold that he cannot now question its constitutionality.

Reconsideration denied August 22, 1980.

Review granted by Supreme Court October 24, 1980.