OKESON v. CITY OF SEATTLE

Nos. 73227-2, 73228-1.

78 P.3d 1279 (2003)

Rud OKESON, Doris Burns, Walter L. Williams, and Arthur T. Lane, individually and on behalf of the class of all persons similarly situated, Appellants, v. CITY OF SEATTLE, Respondent. The City of Seattle, a first-class charter city; The City of Burien, a noncharter code city; The City of Lake Forest Park, a noncharter code city; The City of Sea-Tac, a noncharter code city, Respondents, v. Brian Sonntag, State Auditor; The State of Washington; The City of Shoreline, a noncharter code city; and The City of Tukwila, a noncharter code city, Respondents, Rud Okeson, City Light Department Rate Payer, Appellant Intervenor.

Supreme Court of Washington, En Banc.

Decided November 13, 2003.


Attorney(s) appearing for the Case

Helsell Fetterman Martin Todd & Kokanson, David Jurca, Jennifer Divine, Seattle, for appellants.

Seattle City Attorney, William Patton, Asst., Rebecca Cochran Earnest, Asst., Seattle, Christine Gregoire, Atty. Gen., Brian Buchholz, Asst., James Pharris, Asst., Olympia, Michael R. Kenyon, Kenyon Desend PLLC, Issaquah, Ian Sievers, Shoreline, Kenyon Dornay Marshall PLLC, Robert Noe, Issaqua, for respondents.


FAIRHURST, J.

In 1999, the city of Seattle (hereinafter Seattle) passed Ordinance 119747, transferring the responsibility to pay for streetlights from Seattle's general budget to Seattle City Light (hereinafter City Light) customers in Seattle. After questions were raised as to the legality of the ordinance, Seattle brought a declaratory action to validate the ordinance. The trial court initially ruled against Seattle; however...

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