GELLATLY v. CHELAN COUNTY

No. 43521.

85 Wn.2d 314 (1975)

534 P.2d 1027

D.N. GELLATLY, JR., et al, Appellants, v. CHELAN COUNTY et al, Respondents.

The Supreme Court of Washington, En Banc.

May 1, 1975.


Attorney(s) appearing for the Case

Schweppe, Doolittle, Krug, Tausend, Beezer & Beierle, by Robert R. Beezer, for appellants.

Richard Whitmore, Jr., Prosecuting Attorney, for respondent Chelan County.

Christopher T. Bayley, Prosecuting Attorney, Norman K. Maleng, Chief Civil Deputy, and Dennis E. Kenny, Deputy, for respondent King County.

Joseph Panattoni, Prosecuting Attorney, for respondent Kittitas County.

Robert E. Schillberg, Prosecuting Attorney, and Elmer E. Johnston, Jr., Deputy, for respondent Snohomish County.

John Merkel, Prosecuting Attorney, and W. Daniel Phillips, Deputy, for respondent Kitsap County.

Ronald L. Hendry, Prosecuting Attorney, and Michael B. Hansen, Deputy, for respondent Pierce County.

Julian C. Dewell (of Anderson, Hunter, Dewell, Baker & Collins, P.S.), for respondent Intermediate School District 109.

Robert R. Hamilton, F.H. Chapin, Jr., and Don L. Hogaboam, for respondent City of Tacoma.

John P. Harris, Corporation Counsel, and G. Grant Wilcox and James B. Howe, Jr., Assistants, for respondent City of Seattle.


HAMILTON, J.

This action is one seeking a 1-mill rebate of property taxes collected or collectible in the year 1972. It is contended that the property taxes levied in 1971 for the 1972 tax year exceeded lawful levy limits. Relief is sought by way of declaratory judgment, implied contract, unconstitutional taking, and mandamus. The trial court denied relief and dismissed the action. We affirm.

Plaintiffs are owners of real property in six Washington counties...

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