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SAMIS LAND CO. v. CITY OF SOAP LAKE

No. 17258-9-III.

980 P.2d 805 (1999)

SAMIS LAND COMPANY, The Estate of Samuel Israel, and the Samuel Israel Living Trust, Petitioners, v. CITY OF SOAP LAKE, Respondent.

Court of Appeals of Washington, Division 3, Panel Two.

As Amended August 12, 1999.

Attorney(s) appearing for the Case

Scott M. Edwards, Seattle, for Appellant(s).

Carl N. Warring, Moses Lake, for Respondent(s).

SCHULTHEIS, C.J.

In 1989, the Soap Lake City Council adopted an ordinance that imposed a "standby charge" on vacant, unimproved land that abutted city water and sewer lines. In 1996, Samis Land Company, a local landowner, filed a complaint requesting a refund of fees paid pursuant to the municipal ordinance. The complaint alleged the standby charge was an illegal property tax. The City of Soap Lake maintained the charge was a proper regulatory fee. Samis petitioned...

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