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CARY v. MASON COUNTY

No. 83937-9.

272 P.3d 194 (2012)

173 Wn.2d 697

James R. CARY, Mary Alice Cary, John E. Diehl, and William D. Fox, Sr., Petitioners, v. MASON COUNTY and Mason Conservation District, Respondents.

Supreme Court of Washington, En Banc.

Decided February 16, 2012.

Attorney(s) appearing for the Case

James R. Cary , Shelton, WA, Pro Se.

Mary Alice Cary , Shelton, WA, Pro Se.

John E. Diehl , Shelton, WA, Pro Se.

William D. Fox Sr. , Shelton, WA, Pro Se.

Matthew Bryan Edwards , Owens Davies Fristoe Taylor & Schultz, PS, Olympia, WA, Timothy W. Whitehead , Mason County Prosecutor's Office, Shelton, WA, for Respondents.

Richard M. Stephens , Brian Donald Amsbary , Groen Stephens & Klinge LLP, Bellevue, WA, Michael J. Reitz , Attorney at Law, Olympia, WA, amicus counsel for Evergreen Freedom Foundation.

H. Kevin Wright , Joseph B. Rochelle, III , Kling County Prosecutor's Office, Seattle, WA, amicus counsel for King County.

William Colwell Severson , William C. Severson , PLLC, Seattle, WA, amicus counsel for Rental Housing Association of Puget Sound.

Paul J. Lawrence , Jessica Anne Skelton , Pacifica Law Group LLP, Seattle, WA, amicus counsel for Washington Association of Conservation Districts.

Phyllis Jean Barney , Attorney General's Office, Olympia, WA, amicus counsel for Washington State Conservation Commission.

ALEXANDER, J.*

¶ 1 Four Mason County residents brought suit in Mason County Superior Court challenging the validity of an ordinance, which levies a special assessment on nonforest lands within the Mason Conservation District. The superior court ruled for the residents, concluding that the county ordinance is an unconstitutional tax. The Court of Appeals reversed that decision. We granted review and now reverse the Court of Appeals...

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