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CONTRIBUTE

2010 PRESS RELEASES

March 01, 2010

EFF urges Washington Supreme Court to review property
assessment ruling

FOR IMMEDIATE RELEASE

Contact Information:
Mike Reitz, General Counsel
Evergreen Freedom
Foundation
360-956-3482 | [email-masked]

The Evergreen Freedom Foundation’s Constitutional Law Center is urging the
Washington Supreme Court to review a ruling from the state Court of Appeals that
could affect how property taxes are assessed across the state.

In 2002 the Mason County Conservation District imposed a temporary assessment
of $5.00 for all parcels one acre or larger. In 2003, a group of property owners
challenged the assessment, arguing that it was an unconstitutional property tax.
The group eventually won a victory at trial. On appeal, the Court of Appeals
upheld the assessment, calling it a regulatory fee as the money collected was
used to improve water quality. The property owners are now asking the state
Supreme Court to review the case.

The Freedom Foundation filed an amicus curiae (“friend of the court”) brief
in support of the property owners. “The Court of Appeals ruling muddies the
distinction between assessments, taxes, and fees, and makes it easier for
municipalities to impose bogus taxes on property owners,” said Michael Reitz,
general counsel of the Freedom Foundation. “We hope the Supreme Court accepts
this case for review and rules that Mason County circumvented the constitutional
restrictions on special assessments.”

The case is Cary v. Mason Conservation District. The Freedom Foundation’s
brief was filed by Richard M. Stephens of Groen Stephens & Klinge LLP.

Additional Information

Brief of Evergreen Freedom Foundation

Court of Appeals ruling.

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