Legal Opinion · Concurrence

City of Wenatchee v. Chelan County Public Utility District No. 1

Court of Appeals of Washington

Decided May 20, 2014No. 31195-3-IIIPublished

1ConcurrenceFearing, J.

¶59 (concurring) The issue in this suit is whether a city may tax the revenue received by a public utility district for the sale of domestic water within the city limits. The issue, in turn, is resolved by asking whether the provision of domestic water is a proprietary or governmental function. The author of the lead opinion, as always, provides a thorough analysis and answers correctly that, under the current state of the law, the provision of domestic water is a proprietary function and thus the city of Wenatchee may collect a tax from the Chelan County Public Utility District (PUD).…

2Cases cited21 opinions

  1. Petersen v. StateWashington Supreme Court · 1983
  2. City of Tacoma v. Taxpayers of City of TacomaWashington Supreme Court · 1987
  3. Okeson v. City of SeattleWashington Supreme Court · 2003
  4. Okeson v. City of SeattleWashington Supreme Court · 2003
  5. Hagerman v. City of SeattleWashington Supreme Court · 1937

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