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NORTHWEST MOTORCYCLE ASS'N v. STATE, IAC FOR OUTDOOR RECREATION

No. 22854-1-III.

110 P.3d 1196 (2005)

NORTHWEST MOTORCYCLE ASSOCIATION, Paul Ostbo, Richard Law, and Byron Stuck, Appellants, v. STATE of Washington INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION, Laura Eckert Johnson, in her capacity as Director thereof, State of Washington Parks and Recreation Commission, Rex Derr, in his capacity as Director thereof, State of Washington Department of Natural Resources, and Doug Sutherland, in his capacity as Administrator thereof, Issaquah Alps Trails Club, North Cascades Conservation Council, Washington Trails Association, Sierra Club, the Mountaineers, and Kittitas Audubon Society, Respondents.

Court of Appeals of Washington, Division 3, Panel Six.

May 5, 2005.

Attorney(s) appearing for the Case

James L. Buchal, Attorney at Law, Portland, OR, for Appellant.

Michael J. Rollinger, Barbara Herman, Attorney General Office, Spencer W. Daniels, Susan E. Thomsen, Attorneys at Law, Olympia, WA, John C. Bjorkman, Jonah Harrison, Preston, Gates & Ellis LLP, Seattle, WA, for Respondent.

SCHULTHEIS, J.

¶1 Northwest Motorcycle Association1 filed suit to enjoin allegedly unconstitutional expenditures of state motor vehicle license and fuel tax revenues on recreational trails that cannot be used by motorized vehicles. The Kittitas County superior court dismissed the motorcycle association's suit on summary judgment and it appeals, contending the statute authorizing the expenditures violates article II, section 40 of...

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