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TUKWILA SCHOOL DIST. NO. 406 v. CITY OF TUKWILA

No. 58178-3-I.

167 P.3d 1167 (2007)

TUKWILA SCHOOL DISTRICT NO. 406, Appellant, v. CITY OF TUKWILA, Respondent.

Court of Appeals of Washington, Division 1.

As Amended September 10, 2007.

Publication Ordered September 10, 2007.

Attorney(s) appearing for the Case

Scott M. Edwards, Perkins Coie LLP, Seattle, WA, for Appellant.

Shelley Marie Kerslake, Kari L. Sand, Kenyon Disend PLLC, Issaquah, WA, for Respondent.

Thomas Aquinas Carr, Carlton W.M. Seu, Kent Charles Meyer, Seattle City Attorneys Office, Seattle, WA, Amicus Curiae on behalf of Washington State Assoc. of Municipal Att.'s.

Arthur David Curtis, Attorney at Law, E. Bronson Potter, Clark Co. Prosecuting Atty. Ofc., Vancouver, WA, Amicus Curiae on behalf of Washington Assoc. of Pros. Att.'s.

AGID, J.

¶ 1 Tukwila School District No. 406 (School District) filed a complaint against the City of Tukwila (City) for a declaratory judgment and tax refund challenging the City's Storm and Surface Water Utility Charge on the ground that it is an unlawful tax. The School District challenges the order dismissing its complaint on summary judgment on the ground that the trial court should have found the charge was a tax under the test set forth in Covell v....

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