uniformity requirement (Washington) · Go Syfert
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uniformity requirement in Washington

27 Washington opinions name it 2 courts 1904–2019 0 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Dean v. Lehmangreen
wash · 2001 · cited in 4 Washington opinions naming this issue, 2008–2014
2 sentences

2014Dean, 143 Wn.2d at 25-26 ("Excise taxes also fall beyond the breadth of the uniformity 28               In re Estate of Hambleton, No. 89419-1 consolidated with In re Estate of Macbride, No. 89500-7 requirement.").

2014Dean, 143 Wn.2d at 25-26 (“Excise taxes also fall beyond the breadth of the uniformity requirement.”).

34
Black v. Stategreen
wash · 1965 · cited in 3 Washington opinions naming this issue, 1985–2006
2 sentences

1985Finally, a tax for the privilege of engaging in a particular business measured by the gross income or charges for the use of the premises is an excise tax and not a tax on property subject to the uniformity requirement of article 7, section 1 of the Washington State Constitution, citing PUD 3 v. State, 71 Wn.2d 211 , 427 P.2d 713 (1967); Black v. State, 67 Wn.2d 97 , 406 P.2d 761 (1965); State ex rel.

1985Finally, a tax for the privilege of engaging in a particular business measured by the gross income or charges for the use of the premises is an excise tax and not a tax on property subject to the uniformity requirement of article 7, section 1 of the Washington State Constitution, citing PUD 3 v. State, 71 Wn.2d 211 , 427 P.2d 713 (1967); Black v. State, 67 Wn.2d 97 , 406 P.2d 761 (1965); State ex rel.

23
Commonwealth v. Life Assurance Co.green
pa · 1965 · cited in 1 Washington opinions naming this issue, 2016–2016
2 sentences

2016The court wrote: As was stated in Commonwealth v. Life Assurance Company of Pennsylvania, 419 Pa. 370, 376 , 214 A.2d 209,214 (1965): "The only constitutional limitation placed upon the power of the Legislature to distinguish between various entities for purposes of taxation is that their basis for doing so be reasonable." (Citations omitted.) The burden of proving that a given classification is unreasonable and thus unconstitutional is a very heavy one.

2016The court wrote: As was stated in Commonwealth v. Life Assurance Company of Pennsylvania, 419 Pa. 370, 376 , 214 A.2d 209,214 (1965): "The only constitutional limitation placed upon the power of the Legislature to distinguish between various entities for purposes of taxation is that their basis for doing so be reasonable." (Citations omitted.) The burden of proving that a given classification is unreasonable and thus unconstitutional is a very heavy one.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (33)

CaseCitedYears
Sator v. Department of Revenue green
wash · 1977
2 sentences

2005The validity of a particular tax levy is measured by whether aggregate levies exceed one percent of true and fair value and whether the taxpayer is being treated in accord with the uniformity requirement” of article VII, section 1); Sator, 89 Wn.2d at 343 .

2005Sator, 89 Wash.2d at 344 , 572 P.2d 1094 . [4] The dissent cites a ruling of the Court of Appeals claiming that a taxpayer's request for a midcycle revaluation would not violate the uniformity requirement.

41998–2005
Apartment Operators Ass'n of Seattle, Inc. v. Schumacher green
wash · 1960
2 sentences

1985The trial court concluded that the relationship of the various operators and their customers was that of landlord *723 and tenant rather than bailor and bailee, and consequently the tax imposed on the amount of rentals received was a tax on property in violation of the uniformity requirement of article 7, section 1 of the Washington State Constitution as interpreted in Apartment Operators Ass'n of Seattle, Inc. v. Schumacher, 56 Wn.2d 46 , 351 P.2d 124 (1960).

1985The trial court concluded that the relationship of the various operators and their customers was that of landlord *723 and tenant rather than bailor and bailee, and consequently the tax imposed on the amount of rentals received was a tax on property in violation of the uniformity requirement of article 7, section 1 of the Washington State Constitution as interpreted in Apartment Operators Ass'n of Seattle, Inc. v. Schumacher, 56 Wn.2d 46 , 351 P.2d 124 (1960).

31985–2000
McGowan v. State green
wash · 2002
2 sentences

2009Tunstall, 141 Wash.2d at 221 , 5 P.3d 691 . [16] ¶ 20 Federal Way School District argues that the current school funding system violates the uniformity requirement of article IX, section 2 because funding for staff salaries in some school districts is calculated using different base salary figures than for others. [17] Federal Way School District relies primarily on Seattle School District No. 1, 90 Wash.2d 476 , 585 P.2d 71 and McGowan v. State, 148 Wash.2d 278 , 60 P.3d 67 (2002). [18] ¶ 21 Federal Way School District's reliance on Seattle School District No. 1 is misplaced.

2009Tunstall, 141 Wn.2d at 221 . 16 ¶20 Federal Way School District argues that the current school funding system violates the uniformity requirement of article IX, section 2 because funding for staff salaries in some school districts is calculated using different base salary figures than for others. 17 Federal Way School District relies primarily on Seattle School District No. 1, 90 Wn.2d 476 and McGowan v. State, 148 Wn.2d 278 , 60 P.3d 67 (2002). 18 ¶21 Federal Way School District’s reliance on Seattle School District No. 1 is misplaced.

22009–2009
McGowan v. State green
wash · 2002
2 sentences

2009Tunstall, 141 Wash.2d at 221 , 5 P.3d 691 . [16] ¶ 20 Federal Way School District argues that the current school funding system violates the uniformity requirement of article IX, section 2 because funding for staff salaries in some school districts is calculated using different base salary figures than for others. [17] Federal Way School District relies primarily on Seattle School District No. 1, 90 Wash.2d 476 , 585 P.2d 71 and McGowan v. State, 148 Wash.2d 278 , 60 P.3d 67 (2002). [18] ¶ 21 Federal Way School District's reliance on Seattle School District No. 1 is misplaced.

2009Tunstall, 141 Wn.2d at 221 . 16 ¶20 Federal Way School District argues that the current school funding system violates the uniformity requirement of article IX, section 2 because funding for staff salaries in some school districts is calculated using different base salary figures than for others. 17 Federal Way School District relies primarily on Seattle School District No. 1, 90 Wn.2d 476 and McGowan v. State, 148 Wn.2d 278 , 60 P.3d 67 (2002). 18 ¶21 Federal Way School District’s reliance on Seattle School District No. 1 is misplaced.

22009–2009
Tunstall v. Bergeson green
wash · 2000
2 sentences

2009Tunstall, 141 Wash.2d at 221 , 5 P.3d 691 . [16] ¶ 20 Federal Way School District argues that the current school funding system violates the uniformity requirement of article IX, section 2 because funding for staff salaries in some school districts is calculated using different base salary figures than for others. [17] Federal Way School District relies primarily on Seattle School District No. 1, 90 Wash.2d 476 , 585 P.2d 71 and McGowan v. State, 148 Wash.2d 278 , 60 P.3d 67 (2002). [18] ¶ 21 Federal Way School District's reliance on Seattle School District No. 1 is misplaced.

2009Tunstall, 141 Wn.2d at 221 . 16 ¶20 Federal Way School District argues that the current school funding system violates the uniformity requirement of article IX, section 2 because funding for staff salaries in some school districts is calculated using different base salary figures than for others. 17 Federal Way School District relies primarily on Seattle School District No. 1, 90 Wn.2d 476 and McGowan v. State, 148 Wn.2d 278 , 60 P.3d 67 (2002). 18 ¶21 Federal Way School District’s reliance on Seattle School District No. 1 is misplaced.

22009–2009
Seattle School District No. 1 v. State green
wash · 1978
2 sentences

2009Tunstall, 141 Wash.2d at 221 , 5 P.3d 691 . [16] ¶ 20 Federal Way School District argues that the current school funding system violates the uniformity requirement of article IX, section 2 because funding for staff salaries in some school districts is calculated using different base salary figures than for others. [17] Federal Way School District relies primarily on Seattle School District No. 1, 90 Wash.2d 476 , 585 P.2d 71 and McGowan v. State, 148 Wash.2d 278 , 60 P.3d 67 (2002). [18] ¶ 21 Federal Way School District's reliance on Seattle School District No. 1 is misplaced.

2009Tunstall, 141 Wn.2d at 221 . 16 ¶20 Federal Way School District argues that the current school funding system violates the uniformity requirement of article IX, section 2 because funding for staff salaries in some school districts is calculated using different base salary figures than for others. 17 Federal Way School District relies primarily on Seattle School District No. 1, 90 Wn.2d 476 and McGowan v. State, 148 Wn.2d 278 , 60 P.3d 67 (2002). 18 ¶21 Federal Way School District’s reliance on Seattle School District No. 1 is misplaced.

22009–2009
Fifteen-O-One Fourth Avenue Ltd. Partnership v. Department of Revenue green
washctapp · 1987
2 sentences

2005In Fifteen-O-One Fourth Avenue Limited Partnership v. Department of Revenue, 49 Wn.

2005Id. at 301 .

22005–2005
State Exr Rel. Atwood v. Wooster neutral
wash · 1931
2 sentences

1998Atwood v. Wooster, 163 Wash. 659 , 2 P.2d 653 (1931), for the proposition that the legislative authority to exempt property from taxation is wholly independent of the uniformity requirement.

1998Atwood v. Wooster, 163 Wash. 659 , 2 P.2d 653 (1931), for the proposition that the legislative authority to exempt property from taxation is wholly independent of the uniformity requirement.

21998–1998
City of Bellingham v. Schampera green
wash · 1960
2 sentences

1995It correctly observes that the "classic” test for constitutional conflict was initially stated in Bellingham v. Schampera, 57 Wn.2d 106, 111 , 356 P.2d 292 (1960).

1995It correctly observes that the "classic” test for constitutional conflict was initially stated in Bellingham v. Schampera, 57 Wn.2d 106, 111 , 356 P.2d 292 (1960).

21995–1995
Power, Inc. v. Huntley green
wash · 1951
2 sentences

2019Id. at 220. 31 39Wn.2d 191, 193, 235 P.2d 173 (1951). 32kLat 195. ~ Id. 34k1.at 196 (internal quotation marks omitted). 35kI.at 196-97. 8 No. 79447-7-119 income tax law, illustrating its true nature as an income tax.

2019Id. at 220. 31 39Wn.2d 191, 193, 235 P.2d 173 (1951). 32kLat 195. ~ Id. 34k1.at 196 (internal quotation marks omitted). 35kI.at 196-97. 8 No. 79447-7-119 income tax law, illustrating its true nature as an income tax.

12019–2019
Jensen v. Henneford green
wash · 1936
2 sentences

2019Id. at 379 . 24 Ri at 378-79. 25 185 Wash. 209 , 53 P.2d 607 (1936). 26 kJ. at 212 (emphasis omitted) (quoting LAWS OF 1935, ch. 178, § 2). 27 Id. at 215, 217. 28 kI. at 217. 7 No. 79447-7-1/8 court held the purported excise tax was an income tax subject to the uniformity clause in article VII, section 1 29 Because the taxing scheme taxed income below $4,000 at three percent and income above $4,000 at four percent, it was an unconstitutional nonuniform tax on property.3° In 1951, Power, Inc. v. Huntley evaluated a statewide “corporation excise tax” that levied a four percent tax on a corporati

2019Id. at 379 . 24 Ri at 378-79. 25 185 Wash. 209 , 53 P.2d 607 (1936). 26 kJ. at 212 (emphasis omitted) (quoting LAWS OF 1935, ch. 178, § 2). 27 Id. at 215, 217. 28 kI. at 217. 7 No. 79447-7-1/8 court held the purported excise tax was an income tax subject to the uniformity clause in article VII, section 1 29 Because the taxing scheme taxed income below $4,000 at three percent and income above $4,000 at four percent, it was an unconstitutional nonuniform tax on property.3° In 1951, Power, Inc. v. Huntley evaluated a statewide “corporation excise tax” that levied a four percent tax on a corporati

12019–2019
State v. Bobenhouse green
wash · 2009
1 sentence

2016State v. Bobenhouse, 166 Wn.2d 881 , 892 n.4, 214 P.3d 907 (2009).

12016–2016
State v. Bobenhouse green
wash · 2009
1 sentence

2016State v. Bobenhouse, 166 Wn.2d 881 , 892 n.4, 214 P.3d 907 (2009).

12016–2016
State v. Ide red
wash · 1904
2 sentences

2016The Ide court noted that the uniformity rule "does not preclude the legislature from selecting and classifying, in a proper and reasonable manner, the subjects of taxation." 35 Wash. at 586 .

2016The Ide court noted that the uniformity rule “does not preclude the legislature from selecting and classifying, in a proper and reasonable manner, the subjects of taxation.” 35 Wash. at 586 .

12016–2016
Town of Tekoa v. Reilly green
wash · 1907
2 sentences

2016After a full consideration of the question presented, we are satisfied that the uniformity rule of taxation does not forbid a proper classification of the subjects of the tax, that the classification complained of is reasonable and proper, is sanctioned by usage, and violates no provision of the state constitution. 10 No. 33622-1-III; 33623-9-III City ofSpokane v. Spokane County (dissenting) 47 Wash. at 209 .

2016After a full consideration of the question presented, we are satisfied that the uniformity rule of taxation does not forbid a proper classification of the subjects of the tax, that the classification complained of is reasonable and proper, is sanctioned by usage, and violates no provision of the state constitution. 47 Wash. at 209 .

12016–2016
Tunstall Ex Rel. Tunstall v. Bergeson green
wash · 2000
1 sentence

2009Tunstall, 141 Wash.2d at 221 , 5 P.3d 691 . [16] ¶ 20 Federal Way School District argues that the current school funding system violates the uniformity requirement of article IX, section 2 because funding for staff salaries in some school districts is calculated using different base salary figures than for others. [17] Federal Way School District relies primarily on Seattle School District No. 1, 90 Wash.2d 476 , 585 P.2d 71 and McGowan v. State, 148 Wash.2d 278 , 60 P.3d 67 (2002). [18] ¶ 21 Federal Way School District's reliance on Seattle School District No. 1 is misplaced.

12009–2009
Samis Land Co. v. City of Soap Lake green
wash · 2001
1 sentence

2008Samis Land Co. v. City of Soap Lake, 143 Wash.2d 798, 805 , 23 P.3d 477 (2001); Dean v. Lehman, 143 Wash.2d 12, 25 , 18 P.3d 523 (2001).

12008–2008
Samis Land Co. v. City of Soap Lake green
wash · 2001
1 sentence

2008Samis Land Co. v. City of Soap Lake, 143 Wash.2d 798, 805 , 23 P.3d 477 (2001); Dean v. Lehman, 143 Wash.2d 12, 25 , 18 P.3d 523 (2001).

12008–2008
Dean v. Lehman green
wash · 2001
1 sentence

2008Samis Land Co. v. City of Soap Lake, 143 Wash.2d 798, 805 , 23 P.3d 477 (2001); Dean v. Lehman, 143 Wash.2d 12, 25 , 18 P.3d 523 (2001).

12008–2008
City of Sequim v. Malkasian green
washctapp · 2003
1 sentence

2006Additionally, we need not reach the city's contention that the ordinance conflicts with the uniformity requirement of the state law or impairs contracts. [1] City of Sequim v. Malkasian, 119 Wash.App. 654, 662 , 79 P.3d 24 (2003). [2] "If the clerk finds the petition insufficient or if the commission refuses either to pass an initiative ordinance or order an election thereon, any taxpayer may commence an action in the superior court against the city . . . ." RCW 35.17.290. [3] The majority also cites Seattle Building & Construction Trades Council v. City of Seattle, 94 Wash.2d 740, 745 , 620 P

12006–2006
Seattle Building & Construction Trades Council v. City of Seattle green
wash · 1980
2 sentences

2006Additionally, we need not reach the city's contention that the ordinance conflicts with the uniformity requirement of the state law or impairs contracts. [1] City of Sequim v. Malkasian, 119 Wash.App. 654, 662 , 79 P.3d 24 (2003). [2] "If the clerk finds the petition insufficient or if the commission refuses either to pass an initiative ordinance or order an election thereon, any taxpayer may commence an action in the superior court against the city . . . ." RCW 35.17.290. [3] The majority also cites Seattle Building & Construction Trades Council v. City of Seattle, 94 Wash.2d 740, 745 , 620 P

2006Additionally, we need not reach the city's contention that the ordinance conflicts with the uniformity requirement of the state law or impairs contracts. [1] City of Sequim v. Malkasian, 119 Wash.App. 654, 662 , 79 P.3d 24 (2003). [2] "If the clerk finds the petition insufficient or if the commission refuses either to pass an initiative ordinance or order an election thereon, any taxpayer may commence an action in the superior court against the city . . . ." RCW 35.17.290. [3] The majority also cites Seattle Building & Construction Trades Council v. City of Seattle, 94 Wash.2d 740, 745 , 620 P

12006–2006
City of Sequim v. Malkasian green
washctapp · 2003
1 sentence

2006Additionally, we need not reach the city's contention that the ordinance conflicts with the uniformity requirement of the state law or impairs contracts. [1] City of Sequim v. Malkasian, 119 Wash.App. 654, 662 , 79 P.3d 24 (2003). [2] "If the clerk finds the petition insufficient or if the commission refuses either to pass an initiative ordinance or order an election thereon, any taxpayer may commence an action in the superior court against the city . . . ." RCW 35.17.290. [3] The majority also cites Seattle Building & Construction Trades Council v. City of Seattle, 94 Wash.2d 740, 745 , 620 P

12006–2006
Teter v. Clark County green
wash · 1985
2 sentences

1987In Teter v. Clark Cy., 104 Wn.2d 227 , 704 P.2d 1171 (1985), the Washington court upheld different rates for different categories of real property (residential, industrial, etc.) in assessment of storm sewer charges under a uniformity clause challenge.

1987In Teter v. Clark Cy., 104 Wn.2d 227 , 704 P.2d 1171 (1985), the Washington court upheld different rates for different categories of real property (residential, industrial, etc.) in assessment of storm sewer charges under a uniformity clause challenge.

11987–1987
State Ex Rel. Stiner v. Yelle green
wash · 1933
2 sentences

1985Stiner v. Yelle, 174 Wash. 402 , 25 P.2d 91 (1933).

1985Stiner v. Yelle, 174 Wash. 402 , 25 P.2d 91 (1933).

11985–1985
PUD v. State neutral
wash · 1967
2 sentences

1985Finally, a tax for the privilege of engaging in a particular business measured by the gross income or charges for the use of the premises is an excise tax and not a tax on property subject to the uniformity requirement of article 7, section 1 of the Washington State Constitution, citing PUD 3 v. State, 71 Wn.2d 211 , 427 P.2d 713 (1967); Black v. State, 67 Wn.2d 97 , 406 P.2d 761 (1965); State ex rel.

1985Finally, a tax for the privilege of engaging in a particular business measured by the gross income or charges for the use of the premises is an excise tax and not a tax on property subject to the uniformity requirement of article 7, section 1 of the Washington State Constitution, citing PUD 3 v. State, 71 Wn.2d 211 , 427 P.2d 713 (1967); Black v. State, 67 Wn.2d 97 , 406 P.2d 761 (1965); State ex rel.

11985–1985
Dore v. Kinnear green
wash · 1971
2 sentences

1974The plaintiff cites Dore v. Kinnear, 79 Wn.2d 755 , 489 P.2d 898 (1971), and Carkonen v. Williams, 76 Wn.2d 617 , 458 P.2d 280 (1969), for the contention that a departure from the 4-year revaluation schedule violates the equal protection clauses of our state and federal constitutions and the uniformity clause of our state constitution.

1974The plaintiff cites Dore v. Kinnear, 79 Wn.2d 755 , 489 P.2d 898 (1971), and Carkonen v. Williams, 76 Wn.2d 617 , 458 P.2d 280 (1969), for the contention that a departure from the 4-year revaluation schedule violates the equal protection clauses of our state and federal constitutions and the uniformity clause of our state constitution.

11974–1974
Carkonen v. Williams green
wash · 1969
2 sentences

1974The plaintiff cites Dore v. Kinnear, 79 Wn.2d 755 , 489 P.2d 898 (1971), and Carkonen v. Williams, 76 Wn.2d 617 , 458 P.2d 280 (1969), for the contention that a departure from the 4-year revaluation schedule violates the equal protection clauses of our state and federal constitutions and the uniformity clause of our state constitution.

1974The plaintiff cites Dore v. Kinnear, 79 Wn.2d 755 , 489 P.2d 898 (1971), and Carkonen v. Williams, 76 Wn.2d 617 , 458 P.2d 280 (1969), for the contention that a departure from the 4-year revaluation schedule violates the equal protection clauses of our state and federal constitutions and the uniformity clause of our state constitution.

11974–1974
Morrow v. Henneford neutral
wash · 1935
11936–1936
Culliton v. Chase green
· 1933
11936–1936
Supply Laundry Co. v. Jenner green
wash · 1934
11936–1936
Southern Pacific Company v. Jensen red
scotus · 1916
11935–1935
State ex rel. Newman v. Libby neutral
wash · 1907
11912–1912
McDaniels v. J. J. Connelly Shoe Co. neutral
wash · 1902
11904–1904

Statutes the citing opinions construe

WA § Wash. Rev. Code § 84.40.020 (4) USC § 26u.s.c.2001 (3) USC § 26u.s.c.2044 (3) USC § 26u.s.c.2056 (3) USC § 26u.s.c.2057 (3) USC § 26u.s.c.3231 (3) WA § Wash. Rev. Code § 36.21.080 (3) WA § Wash. Rev. Code § 84.09.010 (3) WA § Wash. Rev. Code § 84.41.010 (3) WA § Wash. Rev. Code § 84.41.030 (3) WA § Wash. Rev. Code § 84.56.020 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 145 (1908–2026) PA 135 (1915–2026) WI 54 (1906–2026) MN 37 (1920–2012) GA 32 (1908–2026) WA 27 (1904–2019) MD 24 (1960–2024) NJ 22 (1987–2024) AZ 19 (1926–2023) MI 17 (1922–2007) NE 15 (1979–2013) CO 13 (1889–2014) LA 11 (1964–2016) MA 11 (1984–2010) MT 10 (1895–2021) MO 10 (1986–2024) NY 9 (1853–2023) CA 9 (1925–2025) CT 9 (1991–2021) OK 8 (1923–2006) NC 8 (1924–2012) VA 6 (2010–2024) WV 6 (1985–2022) KY 6 (1928–2023) ID 5 (1942–1998) NM 5 (1937–2006) FL 5 (1978–2019) TX 4 (1956–2014) AL 4 (1909–1999) KS 4 (1916–1995) OH 4 (2008–2019) NV 4 (2016–2016) OR 3 (1991–2023) UT 3 (1989–2005) WY 3 (1989–2011) DE 3 (1970–2025) IA 3 (1938–2026) DC 2 (1976–1981) PR 2 (1934–1943) IN 2 (1991–1998) NH 2 (2001–2014) AR 2 (1911–1923)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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