March 6, 2008 - 3:15pm

State Supreme Court denies Brown's petition to expedite I-960 suit

The State Supreme Court has denied Sen. Lisa Brown's petition to expedite her lawsuit challenging the legality of Tim Eyman's Initiative 960 which requires a 2/3 majority to raise taxes, the TNT is reporting.

Brown, the Senate Majority Leader from Spokane, argues that the portion of the initiative that requires the super majority should not be allowed to be implemented because the state constitution only requires a basic majority to raise taxes.

She filed the lawsuit to challenge the issue on Monday, and petitioned for the case to be expedited to March 13, 2008, and if that fails to assure it was considered before the 2009 legislative session. The Supreme Court rejected both requests.

The official ruling of the court said the following:

(1) "The motion for accelerated review on the proposed briefing and oral argument schedule, with a decision on the petition by march 13, 2008, is denied.

 

(2) "The alternative request that the court now decide to retain the petition so it can determine petitioner's constitutional issue (or other determinative issue) before the January 2009 legislative session is also denied.

(3) The matter will instead proceed according to Rule of Appellate Procedure (RAP) 16.2(b), for determination

Supreme Court Clerk Ronald R. Carpenter told Brown in a letter notifying her of the decision that, "it is noted that the pending petition is set for consideration on the Court Commissioner's April 17, 2008, motion calendar."

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