Swartout v. City of Spokane

— On December 23, 1974, the city council of Spokane adopted an ordinance imposing a tax on social card games. Because of an emergency provision, the ordinance was effective immediately. Dennis Swartout, who owned and operated a cardroom, brought this action to declare the ordinance invalid. The trial court did so and ordered the City to refund the taxes paid by Mr. Swartout; however, his claim for interest and attorney's fees was denied. Both parties appeal.

Their appeals present these questions: (1) Was the emergency clause of the ordinance invalid? (2) If so, is the savings clause effective?…