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HILLIS HOMES, INC. v. SNOHOMISH COUNTY

Nos. 47895-3, 48417-1, 48442-2.

97 Wn.2d 804 (1982)

650 P.2d 193

HILLIS HOMES, INC., Respondent, v. SNOHOMISH COUNTY, ET AL, Appellants. JACK W. CORY, ET AL, Respondents, v. SAN JUAN COUNTY, ET AL, Appellants.

The Supreme Court of Washington, En Banc.

September 2, 1982.

Attorney(s) appearing for the Case

Russ Juckett, Prosecuting Attorney, and Julia A. Gibb and Susan A. Tanner, Deputies, for appellant Snohomish County.

Cogdill, Deno & Millikan, by Brian C. Dale, for appellant Snohomish County Fire Protection District 7.

E.H. Knapp, Jr., Prosecuting Attorney, Buck & Gordon, P.S., and Joel M. Gordon, for appellants San Juan County, et al.

Edward Heavey, for respondent Hillis Homes, Inc.

Carla J. Higginson, for respondent Cory.

Diamond & Sylvester, by John W. Hempelmann and Paul Sikora, for respondents MacBryer, et al.

PEARSON, J.

Consolidated appeals from Snohomish and San Juan Counties challenge the validity of county ordinances which impose fees on new residential subdivisions and housing proposals. We hold that such fees are taxes and that the Legislature has not granted to the counties authority to impose such taxes. Accordingly, the fees are invalid.

Both Snohomish and San Juan Counties imposed fees on new residential developments in response to financial difficulties...

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