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CITY OF TACOMA v. TAXPAYERS OF CITY OF TACOMA

No. 51817-3.

108 Wn.2d 679 (1987)

743 P.2d 793

THE CITY OF TACOMA, Appellant, v. THE TAXPAYERS OF THE CITY OF TACOMA, ET AL, Respondents, THE CITY OF SEATTLE, Appellant.

The Supreme Court of Washington, En Banc.

August 27, 1987.

Attorney(s) appearing for the Case

Robert J. Backstein, Tacoma City Attorney, and William J. Barker, Chief Assistant; Douglas N. Jewett, Seattle City Attorney, and William H. Patton, Assistant; Joni H. Ostergaard and Roberts & Shefelman, Special Counsel, for appellants Cities.

Johnson, Lane & Crawford, by Joanne Henry, for respondent Taxpayers.

Cartano, Botzer, Larson & Birkholz, by J. Jeffrey Dudley and Thomas C. Armitage, for respondent Washington Natural Gas Co.

UTTER, J.

The City of Tacoma appeals a trial court's declaratory judgment invalidating Tacoma's electrical energy conservation ordinance. The ordinance authorizes Tacoma's municipally owned utility company, Tacoma City Light, to issue electric revenue bonds and use other funds to invest in energy conservation measures installed in privately owned, electrically heated, residential and commercial structures located within the utility's service area. Although the trial...

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