PASADO'S SAFE HAVEN v. STATE

No. 64452-1-I.

259 P.3d 280 (2011)

162 Wash.App. 746

PASADO'S SAFE HAVEN, corporate taxpayer of Washington State and Snohomish County, on behalf of all similarly situated Taxpayers of Washington State and Snohomish County; and the Taxpayers of Snohomish County and Washington State on behalf of all similarly situated ex rel. Pasado's Safe Haven, Inc., Appellants/Cross-Respondents, v. STATE of Washington and Washington State Department of Agriculture, Respondents/Cross-Appellants.

Court of Appeals of Washington, Division 1.

July 25, 2011.


Attorney(s) appearing for the Case

Kristen Kay Mitchell , Office of the Attorney General, Olympia, WA, Mark Hodgeman Calkins , Attorney General's Office, Olympia, WA, for Respondents.

Adam Phillip Karp , Animal Law Offices, Bellingham, WA, for Appellants.


DWYER, C.J.

¶ 1 For a declaratory judgment action to state a justiciable claim, the judicial relief sought must be of a type such that it would finally and conclusively resolve the dispute between the parties. Where this is not so, the court strays into the prohibited practice of issuing an advisory opinion when it addresses the merits of the parties' contentions. In this case, the relief sought—a judicial declaration invalidating the challenged statute...

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