Legal Opinion

Automotive United Trades Organization v. State

Washington Supreme Court

Decided October 4, 2012No. 85971-0PublishedCited by 18 opinions

1Opinion of the CourtJ.M. Johnson, J.

¶1 The Automotive United Trades Organization (AUTO) and Tower Energy Group bring an as-applied state constitutional challenge to a tax based on the possession of petroleum as a hazardous substance.1 AUTO and Tower claim that the hazardous substances tax (HST), found in RCW 82.21.030, violates article II, section 40 of the state constitution because the revenue from motor vehicle fuel is not being “placed in a special fund to be used exclusively for highway purposes.” Wash. Const, art. II, § 40. The trial court held on summary judgment that AUTO’s claim was barred because it was not filed…

2Cases cited28 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. United States v. NixonSupreme Court of the United States · 1974
  3. United States v. MorrisonSupreme Court of the United States · 2000
  4. Buell v. City of BremertonWashington Supreme Court · 1972
  5. Clark v. DwyerWashington Supreme Court · 1960

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3Cited by18 opinions

  1. Schreiner Farms, Inc. v. American Tower, Inc.Court of Appeals of Washington · 2013
  2. Club Envy of Spokane, LLC v. Ridpath Tower Condominium Ass'nCourt of Appeals of Washington · 2014
  3. Global Neighborhood v. Respect WashingtonCourt of Appeals of Washington · 2019
  4. Kelly v. Allianz Life Insurance Co. of North AmericaCourt of Appeals of Washington · 2013
  5. Ganser-Heibel v. Chavallo Complex, LLCCourt of Appeals of Washington · 2013

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

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