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ASSOCIATION OF NEIGHBORHOOD STORES v. STATE

No. 72456-3.

70 P.3d 920 (2003)

149 Wash.2d 359

WASHINGTON ASSOCIATION OF NEIGHBORHOOD STORES; The Convenience Group LLC, d/b/a Quick Shop Minit Mart Neighborhood Stores; El Gaucho, L.L.C.; Waterfront, LLC, d/b/a Waterfront Seafood Grill; Runland Grocery; Mahoney Chevron, Inc.; The Spar, Inc., d/b/a Spar Café Bar; Harbor Wholesale Grocery, Inc.; and R.H. Smith Distributing Co., Inc., Appellants, v. STATE of Washington, Respondent, Healthcare for Washington's Working Families, Respondent-Intervenor.

Supreme Court of Washington, En Banc.

Decided May 8, 2003.

Attorney(s) appearing for the Case

Michael B. King, James L. Robart, Kathleen D. Benedict, Robin Dale, Olympia, Lane Powell Spears Lubersky, Seattle, for Appellants.

Maureen A. Hart, Assistant Attorney General, Jeffrey T. Even, Office of Attorney General, Olympia, Thomas F. Ahearne, Foster Pepper & Shefelman, Seattle, for Respondent.

JOHNSON, J.

This case involves a challenge to the constitutionality of Initiative 773 (I-773; the initiative), commonly referenced to as the Tobacco Tax Initiative. Washington Association of Neighborhood Stores (appellants) claim the initiative is unconstitutional under article VIII, section 4; article II, section 19; and article II, section 37 of the Washington State Constitution.

In February 2002, appellants filed...

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