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REGIONAL DISPOSAL CO. v. CITY OF CENTRALIA

No. 71557-2.

51 P.3d 81 (2002)

147 Wash.2d 69

REGIONAL DISPOSAL COMPANY, a Washington joint venture; Thurston County; and Harold Lemay Enterprises, Inc., a Washington corporation, Respondents, v. CITY OF CENTRALIA, a Washington municipal corporation, Appellant.

Supreme Court of Washington, En Banc.

Decided August 8, 2002.

Attorney(s) appearing for the Case

Michael Ruark, Bellevue, Shannon Murphy, Assistant Centralia City Attorney, for Appellant.

Ed Holm, Thurston County Prosecutor, Mark Calkins, Deputy County Prosecutor, Joseph Genster, David Myre, David Wiley, Dana Ferestien, Seattle, for Respondents.

OWENS, J.

The City of Centralia (Centralia) imposes a utility tax on the transfer of solid waste from trucks to trains. Regional Disposal Company (Regional Disposal), which ships garbage through Centralia under a contract with Thurston County, sued to enjoin the tax. The superior court did, and Centralia appeals. The issues we address are whether this tax "discriminates against a rail carrier" in violation of the Railroad Revitalization and Regulatory Reform Act of...

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