STATE EX REL. GALLWEY v. GRIMM

No. 68565-7.

48 P.3d 274 (2002)

146 Wash.2d 445

STATE ex rel. Mary GALLWEY, Respondent, v. Daniel K. GRIMM, Treasurer of the State of Washington, et al., Appellants, Washington Association of Independent Colleges and Universities, Intervenor Appellant, The University of Puget Sound, Intervenor Appellant.

Supreme Court of Washington, En Banc.

Decided June 13, 2002.


Attorney(s) appearing for the Case

Christine Gregoire, Attorney General, Warren Fischer, Asst., Maureen Hart, Asst., Olympia, Reed McClure, William Hickman, Seattle, Attorneys for Petitioner/Appellant.

Perkins Coie, John Alkire, Seattle, John Blankinship, Attorney at Law, Shoreline, Attorneys for Appellee/Respondent.

Aaron Caplan, Attorney at Law, Seattle, Attorney for Respondent.

James McCutcheon, Attorney at Law, Bellevue, Kevin Hasson, Eric W. Treene, Roman Storzer, Anthony Picarello, Washington, Amicus Curiae on Behalf of Becket Fund for Religious Liberty.

Pacific Legal Foundation, Russell Brooks, Bellevue, Pacific Legal Foundation, Sharon Browne, Sacramento, Amicus Curiae on Behalf of Pacific Legal Foundation and Amer. Civil Rights Union.

Davis Wright Tremaine, Michael Reiss, Bergitta Trelstad, Seattle, Amicus Curiae on Behalf of University of Puget Sound.

Wiggins Law Offices, Charles Wiggins, Kennthe Masters, Bainbridge Is., Amicus Curiae on Behalf of Nat'l Assn. of Independent Colleges.

Bendich Stobaugh & Strong, Judith Bendich, Seattle, Steven Green, Alex Luchenitser, Attorneys at Law, Washington, Amicus Curiae on Behalf of Americans United.

Frank Hayes, Attorney at Law, Olympia, Elliott Mincberg, Attorney at Law, Washington, Amicus Curiae on Behalf of People for the American Way.


MADSEN, J.

Mary Gallwey filed this matter as an original action under article IV, section 4 of the Washington State Constitution, seeking a writ of prohibition against Higher Education Coordinating Board (HECB), Daniel Grimm (former State Treasurer), and the Washington Association of Independent Colleges and Universities (WAICU). Gallwey's complaint alleged that Washington's Educational Opportunity Grant (EOG) Program, RCW 28B.101.010, violates article IX, section...

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