On January 10, both sides in the legal challenge on Initiative 976 (I-976) filed motions for summary judgment with briefing on their legal arguments around the initiative’s legality and constitutionality. A summary judgment motion allows the parties to resolve the case without going to trial because only the law, and not the facts, are in dispute. The hearing on I-976 is scheduled for February 7 in King County Superior Court in Seattle.
The plaintiffs’ brief focuses on the state constitutional challenges related to the sufficiency of the subject in the ballot title and whether the initiative addressed more than one subject (article II, section 19), and the claim that the initiative amended statutes without referencing them (article II, section 37). These arguments include I-976’s changes to local authority for voter-approved transportation benefit district license fees that will be eliminated if the initiative takes effect.
The brief also includes legal arguments about the specific impact to bonds that rely on revenues impacted by the initiative under the state constitution’s provision related to impairment of contracts (article I, section 23). Additional arguments were made related to local tax vesting, local elections, and home rule.
Background
In November 2019, AWC joined a broad coalition in filing a lawsuit to determine I-976’s legality and seeking an injunction. On December 4, 2019, the Washington Supreme Court kept in place the superior court’s order granting a preliminary injunction on I-976. The injunction means that vehicle license fees have continued to be imposed under current law and distributed to the appropriate entities. The court allowed additional parties and intervenors representing the initiative sponsors, transit advocates, and other local governments to join the case in early December.
In addition, on November 26, the Washington State Department of Transportation (WSDOT) issued a letter and list of delayed projects in response to Governor Inslee’s direction to WSDOT to postpone projects not already underway, and to affected agencies, including the State Patrol and Department of Licensing, to defer nonessential spending. The Legislature is expected to make decisions about these delayed projects as part of the supplemental budget expected to be released next month.
Please consult your city’s legal counsel for specific advice about how the injunction and project delays may impact your city.
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