BURLINGTON NORTHERN v. JOHNSTON

No. 44056.

89 Wn.2d 321 (1977)

572 P.2d 1085

BURLINGTON NORTHERN, INC., ET AL, Respondents, v. KEN JOHNSTON, ET AL, Appellants.

The Supreme Court of Washington, En Banc.

December 8, 1977.


Attorney(s) appearing for the Case

Christopher T. Bayley, Prosecuting Attorney, Norman K. Maleng, Chief Civil Deputy, and William C. Severson, Deputy, for appellant King County.

Donald Herron, Prosecuting Attorney, and Terrence F. McCarthy, Deputy, for appellant Pierce County.

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

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

Patrick McMullen, Prosecuting Attorney, and William H. Nielsen, Deputy, for appellant Skagit County.

Craig Ritchie, Prosecuting Attorney, for appellant Clallam County.

David Thiele, Prosecuting Attorney, for appellant Island County.

H.N. Woolson, Prosecuting Attorney, for appellant Columbia County.

Woodrow L. Taylor, for respondent Burlington Northern, Inc.

Cummings, Durkan & McCabe and James B. McCabe, for respondent Cascade Natural Gas Corporation.

Lane, Powell, Moss & Miller and G. Keith Grim, for respondent Burlington Northern, Inc., et al.

Slade Gorton, Attorney General, and Matthew J. Coyle, Assistant, for respondent State.


ROSELLINI, J.

Before the Board of Tax Appeals, eight county assessors challenged the Department of Revenue's 1972 equalization of real and personal properties of utilities and private car companies (hereinafter called the companies). They contended that the method used was unconstitutional and that it was not authorized by RCW 84.12.350 and RCW 84.16.110, which provide for equalization of such properties. Under that method...

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