Randolph Peterson v. Port Of Benton

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON RANDOLPH PETERSON, a taxpayer ) No. 79090-1-I resident, ) Appellant, ) DIVISION ONE ) v. ) STATE OF WASHINGTON ) DEPARTMENT OF REVENUE, a state ) PUBLISHED OPINION agency; PORT OF BENTON, a ) Washington port district, ) ) FILED: June 17, 2019 Respondents. MANN, A.C.J. — 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…