MYNORTHWEST NEWS

Seattle makes first step to taking its income tax to Supreme Court

Dec 8, 2017, 6:01 PM | Updated: Dec 9, 2017, 7:21 am

Court ruling Olympia man sentenced...

Judge rules in case of an Olympia man. (Flickr)

(Flickr)

The City of Seattle has taken its first step in appealing its income tax case to the Washington State Supreme Court.

Documents signed Dec. 8, 2017 by attorneys with Pacifica Law Group — the firm representing the city — state that Seattle is seeking a review of its income tax case by the Supreme Court. The Supreme Court will now decide if it will take up the case or let it continue in King County Superior Court.

RELATED: What people outside Seattle should know about the city’s income tax

The city is being sued by four plaintiffs over its income tax. Seattle asked a King County Superior Court for a summary judgment for the lawsuits, but was denied in November. The summary judgment would have handed the city a win without pushing it further through the legal process. King County Superior Court Judge John Ruhl, however, ruled that the plaintiffs’ case challenging the income tax has merit. It is this ruling that the city is appealing.

Some have speculated that Seattle’s controversial tax would not make it to a higher court. But income tax proponents have always said they want their tax to be legally challenged and taken to the state Supreme Court. Their larger goal is to change the state’s legal understanding of income taxes. Proponents hope to achieve that through a ruling at Washington’s highest court.

The request for appeal to the Supreme Court comes one week after new Seattle Mayor Jenny Durkan said she supports an appeal, and wanted to discuss the matter with the city attorney before moving forward. Durkan told The Seattle Times that she was unclear if the city’s arguments could survive at the Supreme Court.

“I think it’s a long shot,” Durkan said. “I think under the current state of the law – both state law that prohibits cities from imposing income taxes as well as the constitutional provisions — will strike down our income tax law, but I think we have to find the answer to it.”

Seattle’s 2.25 percent income tax would apply to individuals making more than $250,000 or married couples making over $500,000. The city estimated the new tax would raise $140 million annually to pay for transit, housing, carbon reduction, and any federal money that is lost via threats from the Trump administration.

MyNorthwest News

FDA Recall WA Listeria...

Regan Gallo-Fenz

FDA recalls breakfast sandwiches for potential Listeria exposure sold in WA, OR

The U.S. Food and Drug Administration is recalling more than 2,400 breakfast sandwiches because the biscuit used in the sandwiches may be contaminated with Listeria Monocytogenes.

47 minutes ago

woodinville fire mobile home Snohomish County...

Jason Sloss, KIRO 7 News

‘He died a hero’: Man dies in Woodinville mobile home fire, helps save girlfriend

A man died in an early morning mobile home fire in Woodinville Monday, after reentering the burning home to alert his girlfriend. Don Nolan died in the fire.

2 hours ago

Milton shot survival...

Nia Bliss, KIRO 7 News

22 year-old woman shot inside Milton home shares story of survival

A 22-year-old Pierce County woman who was shot multiple times near 15th and Alder in Milton is now out of the hospital and sharing her story of survival.

2 hours ago

mill creek...

Chris Sullivan

Emergency bridge repairs to shut down busy Mill Creek road this weekend

Getting in and out of Mill Creek is going to be rough this weekend. The city is shutting down one of the busiest roads in Snohomish County.

2 hours ago

atmospheric river...

Ted Buehner

Potential atmospheric river could bring heavy rain and blustery winds to western WA

The weekend weather system in western Washington has characteristics of an atmospheric river.

2 hours ago

prosecutor in Washington...

Associated Press

Faced with influx, prosecutor in Washington says he lacks resources to defend immigration cases

The U.S. Attorney's Office for the Western District of Washington said it no longer has the staffing to defend every immigration case.

14 hours ago

Seattle makes first step to taking its income tax to Supreme Court