CARY v. MASON COUNTY

No. 37981-3-II.

219 P.3d 952 (2009)

James R. CARY, Mary Alice Cary, John E. Diehl, and William D. Fox, Sr., Respondents and Cross Appellants, v. MASON COUNTY, Defendant, and Mason Conservation District, Appellant and Cross Respondent.

Court of Appeals of Washington, Division 2.

November 9, 2009.


Attorney(s) appearing for the Case

Monty Dale Cobb, Mason County Prosecutors Office, Shelton, WA, for Defendant.

Matthew Bryan Edwards, Owens Davies Fristoe Taylor & Schultz PS, Olympia, WA, for Appellant/Cross-Respondent.

James R. & Mary Alice Cary (Appearing Pro Se), John E. Diehl (Appearing Pro Se), William D. Fox Sr. (Appearing Pro Se), Shelton, WA, for Respondent/Cross-Appellant.

Sharonne E. O'shea, Attorney Generals Office, Olympia, WA, Amicus Curiae on behalf of Wa State Conservation Comms.


HOUGHTON, P.J.

¶ 1 The Mason County Conservation District1 (District) appeals the trial court's grant of summary judgment in favor of James Cary, Mary Cary, John Diehl, and William Fox, Sr. (Landowners) that invalidated an assessment Mason County (County) levied against landowners within the District. The District argues that the assessment constitutes a fee rather than a tax; but even if...

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