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KING COUNTY v. KING COUNTY WATER DISTRICTS

No. 96360-6.

453 P.3d 681 (2019)

KING COUNTY, Appellant, v. KING COUNTY WATER DISTRICTS Nos. 20, 45, 49, 90, 111, 119, 125, Cedar River Water and Sewer District, Coal Creek Utility District, Covington Water District, Fall City Water District, Highline Water District, Lakehaven Water and Sewer District, Midway Sewer District, NE Sammamish Sewer and Water District, Sammamish Plateau Water and Sewer District, Skyway Water and Sewer District, Southwest Suburban Sewer District, Valley View Sewer District, Vashon Sewer District, and Woodinville Water District, Respondents, and Ames Lake Water Association, Dockton Water Association, Foothills Water Association, Sallal Water Association, Tanner Electric Cooperative, and Union Hill Water Association, Intervenor-Respondents.

Supreme Court of Washington.

Oral Argument Date: September 17, 2019.

Attorney(s) appearing for the Case

Thomas Mackenzie Brown , Donald C. Woodworth , King County Prosecutor's Office, 516 3rd Avenue, Room W400, Seattle, WA, 98104-2388, David J. Hackett , King County Administration Building, 500 4th Avenue, Suite 900, Seattle, WA, 98104-2316, Matthew J. Segal , Jessica Anne Skelton , Kymberly Kathryn Evanson , Pacifica Law Group LLP, 1191 2nd Avenue, Suite 2000, Seattle, WA, 98101-3404 for Appellant.

Eric Clayton Frimodt , John William Milne , Mark S. Leen , Inslee Best Doezie & Ryder PS, 10900 NE 4th Street, Suite 1500, Bellevue, WA, 98004-8345, Hugh Davidson Spitzer , Attorney at Law, 5604 16th Avenue NE, Seattle, WA, 98105-2521, Philip Albert Talmadge , Talmadge/Fitzpatrick, 2775 Harbor Avenue SW, Third Floor, Suite C, Seattle, WA, 98126-2138, for Respondents.

Richard E. Jonson , Jonson & Jonson PS, 2701 1st Avenue, Suite 350, Seattle, WA, 98121-1173, David Florian Jurca , Helsell Fetterman LLP, 1001 4th Avenue, Suite 4200, Seattle, WA, 98154-1154, for Intervenor-Respondents.

Donna Lee Bamett , Ryan Crawford Thomas , Perkins Coie LLP, 10885 NE 4th Street, Suite 700, Bellevue, WA, 98004-5579, for Amicus Curiae Puget Sound Energy.

William Colwell Severson , William C. Severson PLLC, 1001 4th Avenue, Suite 4400, Seattle, WA, 98154-1192, for Amicus Curiae Rental Housing Association of Washington.

Neil Henry Robblee , Attorney at Law, P.O. Box 1329, Edmonds, WA, 98020-1329, for Amicus Curiae Shawnee Water Association.

Adam Waldon Gravley , Duncan McGehee Greene , Jenna Rose Mandell-Rice , Van Ness Feldman LLP, 719 2nd Avenue, Suite 1150, Seattle, WA, 98104-1700, for Washington Public Utility Districts Associations.

Joel Cartwright Merkel , Merkel Law Office, 1001 4th Avenue, Suite 4050, Seattle, WA, 98154-1000, for Amicus Curiae Washington Rural Electric Cooperative Association.

Jeremy E. Roller , Denise L. Ashbaugh , Arete Law Group, 1218 3rd Avenue, Suite 2100, Seattle, WA, 98101-3094, for Amicus Curiae Washington State Association of Counties.

Adam Waldon Gravley , Duncan McGehee Greene , Jenna Rose Mandell-Rice , Van Ness Feldman LLP, 719 2nd Avenue, Suite 1150, Seattle, WA, 98104-1700, for Amicus Curiae Washington Water Utilities Council.

¶1 King County enacted a first-of-its-kind ordinance that requires electric, gas, water, and sewer utilities to pay for the right to use the county's rights-of-way, a right known as a franchise. King County refers to its planned charge as "franchise compensation," and the amount charged is based on an estimate of the franchise...

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