PETERSON v. DEPT. OF REVENUE

No. 79090-1-I.

443 P.3d 818 (2019)

Randolph PETERSON, a taxpayer resident, Appellant, v. State of Washington DEPARTMENT OF REVENUE, a state agency; Port of Benton, a Washington port district, Respondents.

Court of Appeals of Washington, Division 1.

Filed: June 17, 2019.


Attorney(s) appearing for the Case

Andrew Gordon Yates , Timothy David Wackerbarth , Lane Powell PC, Po Box 91302, 1420 5th Ave. Ste. 4200, Seattle, WA, 98111-9402, for Plaintiff.

Paul J. Lawrence , Gregory J. Wong , Alanna Peterson , Pacifica Law Group LLP, 1191 2nd Ave. Ste. 2000, Seattle, WA, 98101-3404, for Respondents.

Philip Albert Talmadge , Talmadge/Fitzpatrick/Tribe, 2775 Harbor Ave. Sw, Third Floor Ste. C, Seattle, WA, 98126-2138, William Christopher Schroeder , William John Schroeder , Anne Kathleen Schroeder , KSB Litigation, P.S., 221 N Wall St. Ste. 210, Spokane, WA, 99201-0824, for Appellant/Cross-Respondent.

Rob J. Crichton , Eric Ryan Laliberte , Keller Rohrback LLP, 1201 3rd Ave. Ste. 3200, Seattle, WA, 98101-3052, Thomas A. Cowan Jr. , Gravis Law PLLC, 503 Knight St. Ste. A, Richland, WA, 99352-4257, for Respondents/Cross-Appellant.


PUBLISHED OPINION

¶1 Randolph Peterson sued the Port of Benton (Port) alleging that the Port violated article VIII, section 7 and article I, section 12 of the Washington Constitution by allowing Burlington Northern Santa Fe Railway Co. (BNSF) the free use of public railroad tracks despite the wear and tear caused by BNSF...

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