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LEAGUE OF WOMEN VOTERS OF WASH. v. STATE

No. 89714-0.

355 P.3d 1131 (2015)

184 Wn.2d 393

LEAGUE OF WOMEN VOTERS OF WASHINGTON, a Washington nonprofit corporation; El Centro De La Raza, a Washington nonprofit corporation; Washington Association of School Administrators, a Washington nonprofit corporation; Washington Education Association, a Washington nonprofit corporation; Wayne Au, Ph.D., on his own behalf; Pat Braman, on her own behalf; Donna Boyer, on her own behalf and on behalf of her Minor children; and Sarah Lucas, on her own behalf and on behalf of her minor children, Appellants, v. STATE of Washington, Respondent, and Washington State Charter Schools Association; League of Education Voters; Ducere Group; Cesar Chavez Charter School; Initiative 1240 Sponsor Tania De Sa Campos; and Matt Elisara, Respondents/Intervenors.

Supreme Court of Washington, En Banc.

Decided September 4, 2015.

Attorney(s) appearing for the Case

Paul J. Lawrence , Jessica Anne Skelton , Jamie L. Lisagor , Pacifica Law Group LLP, Seattle, WA, for Appellants.

David Alan Stolier , Colleen G. Warren , Aileen B. Miller , WA Attorney General's Office, EDU, Solicitor General Division Attorney General, Attorney at Law, Rebecca R. Glasgow , Attorney General's Office, Olympia, WA, for Respondent/Cross-Appellant.

Harry J.F. Korrell III , Michele G. Radosevich , Joseph P. Hoag , Davis Wright Tremaine LLP, Seattle, WA, for Respondents Intervenors.

Brian Trevor Hodges , Pacific Legal Foundation, Bellevue, WA, amicus counsel for Pacific Legal Foundation.

Gregory Mann Miller , Carney Badley Spellman PS, Seattle, WA, William P. Bethke , Kutz & Bethke LLC, Lakewood, CO, amicus counsel for National Association of Charter School Authorizers.

Jeffrey Iver Tilden , Gordon Tilden Thomas & Cordell LLP, Seattle, WA, Chad A. Readler , Kenneth M. Grose , Jones Day, Columbus, OH, amicus counsel for National Alliance for Public Charter Schools, Black Alliance for Educational Options, and National Center for Special Education in Charter Schools.

Robert M. McKenna , Andrew Robert Ardinger , Orrick, Herrington & Sutcliffe LLP, Seattle, WA, amicus counsel for First Place Scholars Charter School, Excel Public Charter School, Soar Academy, Rainier Prep Public Charter School, Pride Prep Public Charter School, the Black Education Strategy Roundtable, Rep. Eric Pettigrew, Stand for Children-washington, Washington Roundtable, Technology Alliance, and Teachers United in Support of Respondents.

¶ 1 This case is a direct review of a King County Superior Court decision that found certain portions of Initiative 1240 (I-1240) (Charter School Act or Act), codified at chapter 28A.710 RCW, unconstitutional but left the remainder of the Act standing. We hold that the provisions of I-1240 that designate and treat charter schools...

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