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STOREDAHL PROPERTIES, LLC v. CLARK COUNTY

No. 35608-2-II.

178 P.3d 377 (2008)

STOREDAHL PROPERTIES, LLC, Appellant, v. CLARK COUNTY, a political subdivision of the State of Washington, Respondent.

Court of Appeals of Washington, Division 2.

March 11, 2008.

Attorney(s) appearing for the Case

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

E. Bronson Potter, Clark Co. Prosc. Atty. Office, Vancouver, for Respondent.

BRIDGEWATER, P.J.

¶ 1 Storedahl Properties LLC, appeals the Cowlitz County Superior Court's grant of summary judgment in favor of Clark County. We hold that Clark County's clean water charge is a regulatory fee as opposed to an unconstitutional tax. We affirm.

FACTS

¶ 2 The Environmental Protection Agency (EPA) identifies storm water runoff as "the most significant source of water pollution today." CP at 864. Storm water runoff occurs when...

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