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WOHVA v. STATE

No. 86602-3.

290 P.3d 954 (2012)

WASHINGTON OFF HIGHWAY VEHICLE ALLIANCE, NMA Trail Division, David S. Bowers, Kathleen J. Harrison, Jon O'Brien, and Kurt J. Kootnekoff, Petitioners, v. STATE of Washington, James L. McIntire, in his capacity as Treasurer thereof, State of Washington State Parks and Recreation Commission, and Rex Derr, in his capacity as Director thereof, Respondents.

Supreme Court of Washington, En Banc.

Decided December 13, 2012.

Attorney(s) appearing for the Case

James Laurence Buchal , Murphy & Buchal LLP, Portland, OR, for Petitioner.

Steve Edwin Dietrich , Attorney General of Washington, Joseph Vincent Panesko , Attorney General's Office, Olympia, WA, for Respondent.

Philip Albert Talmadge , Sidney Charlotte Tribe , Talmadge/Fitzpatrick, Tukwila, WA, Amicus Curiae on behalf of Automotive United Trades Organiz.

OWENS, J.

¶ 1 This case concerns Washington Constitution article II, section 40's refund provision, which states that a refund of motor vehicle fuel tax revenues is a "highway purpose[ ]." WASH. CONST. art. II, § 40(d). Specifically at issue is the legislature's statutory refund program, which places one percent of fuel tax revenues into a special fund to benefit off-road vehicle (ORV), nonmotorized, and nonhighway road recreational users for fuel consumed...

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