Supreme Court unanimously strikes down I-722

OLYMPIA, Wash. — Once again, the state Supreme Court has struck down a Tim Eyman property tax initiative as unconstitutional.

On Thursday, the high court, in a unanimous and uncommonly brief opinion, threw out Initiative 722 on grounds it violated the state constitution's requirement that laws have a single subject.

Voters passed I-722 by a 56 percent margin last year. It would have limited property tax growth to 2 percent a year, and would have rolled back some tax and fee increases. It never took effect, though, because a group of cities, counties and individuals challenged it immediately in court.

The initiative was anti-tax crusader Eyman's follow-up to 1999's Initiative 695, which abolished car-tab taxes. The state Supreme Court also invalidated I-695 because it violated the constitution's single-subject rule.

I-722 ran into the same problem, first in Thurston County Superior Court and then on appeal.

"I-722 necessarily required the voters who supported one subject of the initiative to vote for an unrelated subject they might or might not have supported," Justice Charles. W. Johnson wrote in his majority opinion.

"Because we cannot know if either subject of I-722 would have garnered popular support standing alone, we must declare the entire initiative void."

Eyman billed I-722 as "Son of 695." After I-695 was struck down in court, the Legislature and the governor quickly moved to abolish the car-tab tax. No such effort has followed the demise of I-722.

Eyman is running a campaign this year for Initiative 747, which was carefully written to have one subject: limiting property tax increases to 1 percent a year.

"We drafted I-747 so carefully, even our opponents admit it's legal and it's constitutional," Eyman said Thursday. "We are confident the decision on 747 isn't going to be up to the courts, it's going to be up to the voters in November — for a change."

He hopes the court's rejection of I-722 will spur more support for the new initiative, calling it a "tremendous boost."

King County Assessor Scott Noble, one of the initiative's main opponents, was pleased with the decision. He said I-722 would have shifted $150 million in King County taxes, putting a bigger burden on small business owners, seniors, and people whose property is not increasing in value.

"This decision is a victory for the average taxpayer," Noble said Thursday. "Voters are very frustrated with property taxes, but I-722 wasn't going to solve the problem. This kind of cure was worse than the disease."

The state attorney general's office defended the initiative, as it defends all state laws.

The case is City of Burien et al v. Frederick C Kiga et al, No. 70830-4.