Published on Mar 31, 2020

Injunction on I-976 remains in place for now until Supreme Court can rule on stay pending appeal

Contact: Logan Bahr, Shannon McClelland

The injunction on Initiative 976 (I-976) is still in place for all parties until at least April 28 following two recent court decisions. On March 27 the King County Superior Court stayed its ruling to lift the injunction for all parties, except Burien, until the Washington State Supreme Court can rule on whether to stay the ruling pending appeal. On March 30, the Supreme Court set April 28 for a decision on the stay. This means that the injunction preventing I-976 from taking effect will stay in place until April 28 or later, depending on the Supreme Court’s decision on the motion for stay.

 

The injunction preventing I-976 from taking effect will stay in place until April 28 or later.

Meanwhile, the parties filed the initial notices to begin appealing the I-976 decisions directly to the Supreme Court. We have always expected that the Supreme Court will ultimately decide I-976’s constitutionality. However, given the current delays of cases, it is uncertain when it could be scheduled for hearing later this year if it is accepted for direct review.

For more information, see the article on the superior court’s decision on several motions for reconsideration and granting the state’s motion to remove the injunction for all parties, except the City of Burien, effective March 27 unless a stay was granted.

Please consult your city’s legal counsel for specific advice about how the court’s recent decision may impact your city.

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