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NELSON v. APPLEWAY CHEVROLET, INC.

No. 77985-6.

157 P.3d 847 (2007)

Herbert NELSON, on his behalf and on behalf of all others similarly situated, Respondent, v. APPLEWAY CHEVROLET, INC., a Washington corporation, d/b/a Appleway Subaru/ Volkswagen/Audi, Appleway Advertising, Appleway Audi, Appleway Automotive Group, Appleway Chevrolet Leasing, Appleway Group, Appleway Mazda, Appleway Mitsubishi, Appleway Subaru, Appleway Towing, Appleway Toyota, Appleway Volkswagen, East Trent Auto Sales, Lexus of Spokane, Opportunity Center, and TSP Distributors; and Autonation, Inc., a Delaware corporation, Petitioners.

Supreme Court of Washington, En Banc.

Decided April 26, 2007.

Attorney(s) appearing for the Case

Stephen Michael Rummage, Davis Wright Tremaine, Seattle, Daniel Katz, Luba Shur, Williams & Connolly, LLP, Washington, DC, for Petitioners.

Brian Scott Sheldon, Spokane, Kim D. Stephens, Max Eric Jacobs, Kimberlee L. Gunning, Tousley Brain Stephens PLLC, Seattle, for Respondent.

Michael Barr King, Talmadge Law Group PLLC, Tuckwila, Linda Blohm Clapham, Carney Badley Spellman, Seattle, for Amicus Curiae Association of Washington Business.

Jill Diane Bowman, Stoel Rives LLP, Seattle, Jeremy D. Sacks, Portland, OR, for Amicus Curiae Camp Automotive and Lithia Motors Inc.

Kimberley Hanks McGair, Portland, OR, for Amicus Curiae Charter Communication LLC.

SANDERS, J.

¶ 1 Herbert Nelson purchased a used car from Appleway Volkswagen (Appleway). But after negotiating a final purchase price, Appleway added $79.23 for business and occupation (B & O) tax. Nelson argues Appleway improperly charged this tax as an additional cost above the final price, while Appleway argues it merely disclosed and itemized an overhead expense. Appleway also argues declaratory judgment is improper because Nelson has no standing, there...

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