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HOMES UNLIMITED, INC. v. SEATTLE

No. 44986.

90 Wn.2d 154 (1978)

579 P.2d 1331

HOMES UNLIMITED, INC., ET AL, Respondents, v. THE CITY OF SEATTLE, Petitioner.

The Supreme Court of Washington, En Banc.

June 8, 1978.

Attorney(s) appearing for the Case

John P. Harris, Corporation Counsel, and Lawrence K. McDonell and Douglas Jewett, Assistants, for petitioner.

Olwell, Boyle & Hattrup, Lee Olwell, Goodin & Garvey, Paul A. Goodin, and Leo F. Garvey, for respondents.

Charles E. Ehlert on behalf of Washington Public Interest Research Group, amicus curiae.

ROSELLINI, J.

In Homes Unlimited, Inc. v. Seattle, 17 Wn.App. 47, 561 P.2d 1089 (1977), the Court of Appeals, Division One, upheld the validity of Seattle ordinance No. 104214, regulating housing rental agencies. However, it held unconstitutional a provision which makes it unlawful for such agencies to

[r]equire any customer to pay a fee or charge prior to such customer entering...

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