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SWARTOUT v. SPOKANE

No. 2492-3.

21 Wn. App. 665 (1978)

586 P.2d 135

DENNIS B. SWARTOUT, Respondent, v. THE CITY OF SPOKANE, Appellant.

The Court of Appeals of Washington, Division Three.

As amended by order November 1, 1978.

Attorney(s) appearing for the Case

John Madden, Corporation Counsel, and Emmett Shearer, Assistant, for appellant.

Kovacevich & Algeo, Robert E. Kovacevich, and Richard Algeo, for respondent.

[As amended by order of the Court of Appeals November 1, 1978.]

GREEN, J.

On December 23, 1974, the city council of Spokane adopted an ordinance imposing a tax on social card games. Because of an emergency provision, the ordinance was effective immediately. Dennis Swartout, who owned and operated a cardroom, brought this action to declare the ordinance invalid. The trial court did so and ordered the City to refund the taxes paid by Mr. Swartout; however, his...

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