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COURTNEY v. WA UTILITIES & TRANSP COM'N

No. 35095-9-III.

414 P.3d 598 (2018)

James COURTNEY and Clifford Courtney, Appellants, v. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION; David Danner, chairman and commissioner, Ann Rendahl, commissioner, and Jay Balasbas, commissioner, in their official capacities as officers and members of the Washington Utilities and Transportation Commission; and Steven King, in his official capacity as executive director of the Washington Utilities and Transportation Commission, Respondents, Arrow Launch Service, Inc., Intervenor.

Court of Appeals of Washington, Division 3.

Filed April 3, 2018.

Attorney(s) appearing for the Case

Michael E. Bindas , Institute for Justice, 600 University St., Ste. 1730, Seattle, WA, 98101-3150, for Appellants.

Julian Hua Beattie , Attorney General's Office, P.O. Box 40128, Olympia, WA, 98504-0128, for Defendant(s).

Julian Hua Beattie , Attorney General's Office, P.O. Box 40128, Olympia, WA, 98504-0128, Blair I. Fassburg , Williams Kastner , 601 Union St., Ste. 4100, Seattle, WA, 98101-2380, David Welles Wiley , Williams Kastner , 601 Union St., Ste. 4100, Seattle, WA, 98101-1368, for Respondents.

PUBLISHED OPINION

¶ 1 RCW 81.84.010(1) prohibits operating a commercial ferry for the public use over a regular route unless the Washington Utilities and Transportation Commission (WUTC) issues a certificate declaring that public convenience and necessity (PCN) requires such operation. James Courtney and Clifford...

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