County of Spokane v. Valu-Mart, Inc.

(dissenting) — I find myself constrained to disagree with the majority in its disposition of this case.

The principal basis upon which my dissent rests is that both appellant and the majority conveniently overlook and disregard the existence and impact of the state statute (RCW 9.76.010 n.l) which, with certain exceptions not here in issue, bans the Sunday sale of any personal property. Neither appellant nor the majority contend that the state statute does not apply to appellant’s general retail business, for obviously the state statute does apply to appellant just as much as it does to any…