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FRANKS & SON, INC. v. STATE

No. 65255-4.

966 P.2d 1232 (1998)

136 Wash.2d 737

FRANKS & SON, INC. and Coast Express, Inc., on behalf of themselves and all others similarly situated, Appellants, v. The STATE of Washington; Washington Utilities and Transportation Commission; and Office of the State Treasurer, Respondents.

Supreme Court of Washington, En Banc.

Decided November 12, 1998.

Attorney(s) appearing for the Case

Howard Alan Coleman, Bellevue, Scopelitis, Garvin, Light & Hanson, James H. Hanson, Lynne D. Lidke, Robert L. Browning, Indianapolis, Graham & James, LLP/Riddell & Williams, PS, Michael D. Pierson, Robert M. Howie, Seattle, for Appellants.

Christine Gregoire, Atty. Gen., Jeffrey Goltz, Asst., Olympia, for Respondent.

DOLLIVER, J.

In 1990, Plaintiffs Franks & Son, Inc. and Coast Express, Inc. brought a class action suit on behalf of themselves and all other similarly-situated interstate truckers challenging the gross weight regulatory fee imposed by former RCW 81.80.320. That statute was repealed in 1993 and replaced with RCW 81.80.321, which imposes a fee based on gross income from operations occurring inside Washington state. In...

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