Covell v. City of Seattle

Libby Coveil and John Backus, individually and as representatives of the class of persons similarly situated, appeal from a judgment upholding the City of Seattle’s residential street utility charge. The principal issue is whether this charge is an unconstitutionally imposed property tax.

The statutory authority for the residential street utility charge is RCW 82.80.040. This statute authorizes every city and town to

elect by action of its legislative authority to own, construct, maintain, operate, and preserve all or any described portion of its streets as a separate enterprise and facility,…