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BRANSON v. PORT OF SEATTLE

No. 73766-5.

101 P.3d 67 (2004)

Douglas M. BRANSON, individually and on behalf of all other similarly situated persons, Petitioner, v. PORT OF SEATTLE, Respondent, and CMC Investments, Inc. d/b/a Dollar Rent a Car; Rainier Leasing Corporation d/b/a Advantage Rent-A-Car; Pacific Northwest Rental and Leasing, Inc. d/b/a Thrifty Car Rental; and Enterprise Leasing Company d/b/a Enterprise Rent-A-Car, Defendants.

Supreme Court of Washington, En Banc.

Decided November 18, 2004.

Attorney(s) appearing for the Case

Arthur Cary Claflin, Spencer Hall, W. Scott Zanzig, Hall Zanzig Claflin McEachern PLLC, Seattle, for Petitioner.

Phillip H. Ginsberg, Carl J. Marquardt, Paul M. Bintinger, Port of Seattle Legal Dept., Seattle, for Respondent.

Stephen Alan Smith, Preston Gates & Ellis LLP, Seattle, Thomas R. Devine, Palmer & Dodge, Washington DC, Patricia A. Hahn, Airport Council Int'l-North America, Washington DC, for Amicus Curiae (Airports Council International-North America).

BRIDGE, J.

Douglas Branson sued the Port of Seattle (Port), claiming that airport concession fees charged to rental car companies conducting business at Seattle Tacoma International Airport (Sea Tac) violate the 1945 Revised Airports Act (RAA), chapter 14.08 RCW. Specifically, he asserts that the concession fees deny the public equal and uniform use of airport property. He also contends that the concession fees are not uniform for the same class of service, they are...

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