BURNS v. CITY OF SEATTLE

No. 78449-3.

164 P.3d 475 (2007)

Doris BURNS; Rud Okeson; Arthur T. Lane; Kenneth Gorohoff; and Walter L. Williams, individually and on behalf of the class of all persons similarly situated, Appellants, v. The CITY OF SEATTLE; The City of Shoreline; The City of Burien; The City of Lake Forest Park; The City of Seatac; and The City of Tukwila, Respondents.

Supreme Court of Washington, En Banc.

Decided August 2, 2007.


Attorney(s) appearing for the Case

David Florian Jurca, Connie K. Haslam, Colette M. Kostelec, Helsell Fetterman LLP, Seattle, WA, for Appellants.

Shelley Marie Kerslake, Kenyon Disend PLLC, Issaquah, WA, Michael Paul Guark, Bellevue, WA, Mark Sterling Johnsen, Mary E. Mirante Bartolo, City of Seatac Legal Department, Seatac, WA, Donald Stewart Cohen, Gordon Thomas Honeywell, et al., Robert William Cromwell, Jr., Suzanne Leiberman Smith, Seattle City Attorney's Office, William Howard Patton, Foster Pepper, LLC, Seattle, WA, Ian Richard Sievers, City of Shoreline Attorney, Shoreline, WA, for Respondents.

Wayne Douglas Tanaka, Seattle, WA, for Amicus Curiae — City of Lakewood, City of University Place.

Anne Louise Spangler, Tacoma City Attorneys Office, Legal Department, Tacoma, WA, for Amicus Curiae — City of Tacoma.


MADSEN, J.

¶ 1 Seattle City Light (SCL) entered into franchise agreements with the cities of Shoreline, Burien, Lake Forest Park, Seatac, and Tukwila (Cities). At issue in this case is the validity of a contractual provision common to each of the agreements, whereby SCL agreed to pay a percentage of revenues received from the Cities' power customers in exchange for the Cities' promise to forbear from establishing their own municipal electric

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