STATE EX REL. HEAVEY v. MURPHY

No. 67692-5.

982 P.2d 611 (1999)

138 Wash.2d 800

STATE of Washington, on the Relation of Michael J. HEAVEY, Petitioner, v. Michael J. MURPHY, Washington State Treasurer, Respondent.

Supreme Court of Washington, En Banc.

Decided August 26, 1999.


Attorney(s) appearing for the Case

Foster, Pepper, Shefelman, Michael K. Vaska, David Utevsky, Seattle, Swanson, Parr, Cordes, Younglove & Peeples, Edward E. Younglove, Anita L. Hunter, Olympia, Jerry L. Painter, Federal Way, For Amicus Curiae.

Michael J. Heavy, Bellevue, for Petitioner.

Christine Gregoire, Atty. Gen., David E. Walsh, Asst., Narda Pierce, Solicitor General, Michael Murphy, Washington State Treasurer, Olympia, for Respondent.


ALEXANDER, J.

Michael J. Heavey seeks a writ of mandamus prohibiting state Treasurer Michael J. Murphy from complying with RCW 82.44.110, as last amended by Referendum 49 (Laws of 1998, ch. 321, § 5). He argues that the statute violates Const. art. II, § 40 (amend.18) in that it requires the treasurer to deposit motor vehicle excise tax (MVET) revenues into the state's motor vehicle fund. Heavey initially requested that the attorney general initiate this...

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