WASH. STATE FARM BUREAU FEDER. v. GREGOIRE

No. 78637-2.

174 P.3d 1142 (2007)

162 Wash.2d 284

WASHINGTON STATE FARM BUREAU FEDERATION; Washington State Grange; National Federation of Independent Business; Building Industry Association of Washington; Evergreen Freedom Foundation; Washington Association of Realtors®; and Steve Neighbors, Respondents, v. Christine GREGOIRE, governor of the state of Washington; State Expenditure Limit Committee, an agency of the state of Washington; and state of Washington, Petitioners.

Supreme Court of Washington, En Banc.

Decided November 21, 2007.


Attorney(s) appearing for the Case

Richard M. Stephens, Samuel A. Rodabough, Brian Donald Amsbary, Groen Stephens & Klinge LLP, Diana M. Kirchheim, Pacific Legal Foundation, Bellevue, WA, for Respondents.

Jeffrey Todd Even, Maureen A. Hart, Office of The Attorney General, Olympia, WA, for Petitioners.

Tracy N. LeRoy, Baker Botts LLP, Houston, TX, Michele G. Radosevich, Davis Wright Tremaine LLP, Seattle, WA, for Amici Curiae Washington Coalition for Open Government and American Legislative Exchange Council.

Kristopher Ian Tefft, Association of Washington Business, Olympia, WA, for Amicus Curiae Association of Washington Business.

Narda D. Pierce, Benedict Garratt Pond & Pierce, PLLC, Olympia, WA, for Amicus Curiae Gary Locke.

Michele G. Radosevich, Davis Wright Tremaine LLP, Seattle, WA, Steven Huefner, Moritz College of Law, Columbus, OH, Peter Wattson, Minnesota Senate Counsel, St. Paul, MN, for Amicus Curiae National Conference of State Ligislatures.

Margarita V. Latsinova, Jason W. Crowell, Stoel Rives LLP, Seattle, WA, for Amicus Curiae National Governors Association.

Hugh Davidson Spitzer, Foster Pepper PLLC, Seattle, WA, for Amici Curiae Washington Education Association, Washington Federation of State Employees AFL-CIO and Washington State Labor Council.


FAIRHURST, J.

¶ 1 The Washington State Farm Bureau Federation1 (WSFB) challenges certain taxes enacted by Engrossed Substitute House Bill (ESHB) 2314.2 WSFB claims that these taxes raise revenues in excess of the fiscal year 2006 state expenditure limit and, therefore, pursuant to the Taxpayer Protection Act (TPA), are ineffective until approved by the voters. Chapter 43.135 RCW. WSFB further argues that...

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