Oil Heat Institute v. Town of Mulkilteo

Plaintiffs appeal from a summary judgment dismissing their claim that ordinance No. 153 of the town of Mukilteo is “unconstitutional and void, illegal, improper and of no force or effect.”

We do not reach the merits of the claim alleged. The sole question before us on summary judgment is whether the trial court correctly determined that no material question of fact is presented by the record.

Plaintiff, Oil Heat Institute of Washington, Inc., is a trade organization established to promote the oil heat industry. *2Other plaintiffs are fuel oil retailers doing business in the town of Mukilteo.

Ordina…