Legal Opinion

Grays Harbor Energy, LLC v. Grays Harbor County

Court of Appeals of Washington

Decided August 11, 2009No. Nos. 37163-4-II; 37166-9-IIPublishedCited by 2 opinions

1Opinion of the CourtHoughton, J.

¶1 In these consolidated cases,1 Grays Harbor Energy, LLC (GHE) appeals the Grays Harbor County (County) tax assessment of its power-generating equipment as real property. GHE argues that, by statute, the equipment is personal property. We agree and reverse and remand.

FACTS

¶2 The property at issue here is a non-operating power plant owned by GHE covering 22 acres in Elma, consisting of three buildings, a cooling tower, and five generators variously powered by steam, exhaust, and gas combustion. The primary power-generating turbine generators sit outdoors on bare ground. Workers can easily…

2Cases cited9 opinions

  1. Munn v. IllinoisSupreme Court of the United States · 1877
  2. Advanced Silicon Materials, L.L.C. v. Grant CountyWashington Supreme Court · 2005
  3. Advanced Silicon Materials v. Grant CountyWashington Supreme Court · 2005
  4. Conway v. Department of Social & Health ServicesCourt of Appeals of Washington · 2005
  5. Cherry v. ArthurWashington Supreme Court · 1893

4 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Grays Harbor Energy, LLC v. Grays Harbor CountyCourt of Appeals of Washington · 2013
  2. Grays Harbor Energy Llc v. Grays Harbor CountyCourt of Appeals of Washington · 2013

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