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CARRILLO v. CITY OF OCEAN SHORES

No. 29735-3-II.

94 P.3d 961 (2004)

Samuel CARRILLO; Lily A. Banks; Neil Beasley; Mark A. Berge and Barbara Berge, husband and wife; Richard Bethards; Sandra A. Shaw; and that class of persons and entities similarly situated, Respondents, v. CITY OF OCEAN SHORES, a Washington municipal corporation, Appellant.

Court of Appeals of Washington, Division 2.

July 13, 2004.

Attorney(s) appearing for the Case

Thomas Edward Kelly, Mark Stephen Filipini, Patrick Michael Madden, Preston Gates & Ellis LLP, Seattle, WA, for Respondent.

William Colwell Severson, Attorney at Law, Seattle, WA, for Petitioners.

QUINN-BRINTNALL, C.J.

The City of Ocean Shores required owners of vacant lots within the City limits (owners) to pay water and sewer "availability charges," although their properties were not connected to the City's water and sewer systems. The owners of these vacant lots sued the City, claiming the charges were unconstitutional property taxes and not permissible regulatory fees. The trial court granted the owners summary judgment.

The City appeals, claiming...

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