BROWN v. CITY OF YAKIMA

No. 56952-5.

116 Wn.2d 556 (1991)

807 P.2d 353

MILTON BROWN, ET AL, Appellants, v. THE CITY OF YAKIMA, Respondent.

The Supreme Court of Washington, En Banc.

March 28, 1991.


Attorney(s) appearing for the Case

Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim, by Warren E. Martin and Elizabeth P. Martin, for appellants.

Bryan G. Evenson, Eric R. Hultman, and Don W. Schussler (of Halvorson & Applegate, P.S.), for respondent.

Larry Winner on behalf of the Washington State Association of Municipal Attorneys, amicus curiae for respondent.


DURHAM, J.

Appellants1 challenge the constitutionality of a Yakima city ordinance contending that it either is preempted by, or is in direct conflict with, the state fireworks law, RCW 70.77. Upon cross motions for summary judgment, which were limited by stipulation to the legal question of constitutionality under Const. art. 11, § 11, the trial court upheld the ordinance, granted summary judgment in favor of Yakima, and dismissed...

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