Tracy Doriot V. State Of Washington

CourtCourt of Appeals of Washington
DecidedJanuary 7, 2025
Docket59349-1
StatusPublished

This text of Tracy Doriot V. State Of Washington (Tracy Doriot V. State Of Washington) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Tracy Doriot V. State Of Washington, (Wash. Ct. App. 2025).

Opinion

Filed Washington State Court of Appeals Division Two

January 7, 2025

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION II TRACY DORIOT, DORIOT No. 59349-1-II CONSTRUCTION LLC, and OAK HARBOR FREIGHT, INC.,

Appellants,

v. ORDER GRANTING MOTION TO PUBLISH AND PUBLISHING OPINION STATE OF WASHINGTON, JAY INSLEE, in his official capacity as Washington State Governor, WASHINGTON STATE LEGISLATURE,

Respondents,

and

THE WASHINGTON STATE TRANSIT ASSOCIATION and KING COUNTY,

Intervenor-Respondents.

Appellants, Tracy Doriot, Doriot Construction LLC, and Oak Harbor Freight, Inc., filed a

motion to publish the opinion filed in the above matter on September 24, 2024, and amended on

December 10, 2024. Respondents filed a response on December 12, 2024. After consideration, the

court grants the motion. It is now

ORDERED that the final paragraph in the opinion which reads “A majority of the panel

having determined that this opinion will not be printed in the Washington Appellate Reports, but No. 59349-1-II

will be filed for public record in accordance with RCW 2.06.040, it is so ordered.” is deleted. It

is further

ORDERED that the opinion will now be published.

PANEL: Jj. Lee, Veljacic, Che

FOR THE COURT:

PRESIDING JUDGE

2 Filed Washington State Court of Appeals Division Two

September 24, 2024

DIVISION II TRACY DORIOT, DORIOT No. 59349-1-II CONSTRUCTION LLC, and OAK HARBOR FREIGHT, INC.,

v. UNPUBLISHED OPINION

STATE OF WASHINGTON, JAY INSLEE, in his official capacity as Washington State Governor, WASHINGTON STATE LEGISLATURE,

CHE, J. — Individual and corporate Washington taxpayers, Tracy Doriot, Doriot

Construction LLC, and Oak Harbor Freight, Inc. (collectively Doriot), appeal the trial court’s

summary judgment dismissal of their lawsuit against the State of Washington, Jay Inslee, and the

Washington State Legislature (collectively the State).1 Doriot filed suit against the State

challenging the validity of Engrossed Substitute Senate Bill 5974 (ESSB 5974) under article II,

section 19 of the Washington State Constitution. Doriot claimed the law violates the

1 Washington State Transit Association and King County also appear as Intervenor-Respondents. No. 59349-1-II

constitution’s single subject and subject-in-title rules and is therefore void. Doriot moved for

summary judgment and declaratory relief. The State opposed Doriot’s motion and argued that

the trial court should grant summary judgment in its favor. The trial court denied Doriot’s

motion for summary judgment and concluded that, as a matter of law, the State was entitled to

summary judgment dismissal of Doriot’s claims.

Doriot appeals, arguing that the superior court erred by denying their motion for

summary judgment and dismissing their claims. We disagree and affirm.

FACTS

The parties do not dispute the underlying facts of the case.

I. WASHINGTON STATE’S TRANSPORTATION SYSTEM

Producing, managing, and utilizing transportation resources throughout the State of

Washington is undeniably a complex responsibility. Washington’s transportation system

includes a variety of modes of movement including motor vehicles, planes, boats, trains,

bicycles, and pedestrian movement. The operation of transportation systems is “spread among

federal, state, and local government agencies, regional transit agencies, port districts, and the

private sector.” RCW 47.06.010. The legislature has recognized that transportation planning

“must be a comprehensive and coordinated effort,” and that, therefore, “the state has an

appropriate role in developing statewide transportation plans that address state jurisdiction

facilities and services as well as transportation facilities and services of state interest. These

plans shall serve as a guide for short-term investment needs and provide a long-range vision for

transportation system development.” RCW 47.06.010. To this end, the legislature created a

statewide multimodal transportation development plan to support the following policy goals:

4 No. 59349-1-II

preservation, safety, stewardship, mobility, economic vitality, and environment. RCW

47.01.011; RCW 47.06.040; RCW 47.04.280.

II. ESSB 5974

ESSB 5974 is a 121-page piece of legislation that passed the Washington Legislature in

2022. ESSB 5974’s full title and description reads:

AN ACT Relating to transportation resources; amending RCW 70A.65.240, 70A.65.030, 70A.65.040, 82.42.020, 46.17.200, 46.17.120, 46.17.400, 46.52.130, 46.17.015, 46.17.025, 46.20.200, 46.68.041, 46.70.180, 82.32.385, 82.08.993, 82.12.817, 82.08.9999, 82.12.9999, 82.04.4496, 82.16.0496, 82.08.816, 82.12.816, 82.70.040, 82.70.050, 82.21.030, 43.84.092, 43.84.092, 82.47.020, 36.73.065, 82.14.0455, 70A.535.010, 70A.535.030, 70A.535.040, 70A.535.050, 70A.535 .120, 46.63.170, 46.63.170, 70A.65.230, 46.68.480, 46.68.060, 46.68.396, 47.01. 480, 81.104.160, and 47.66.120; amending 2020 c 224 s 3 (uncodified); reenacting and amending RCW 46.20.202 and 43.155.050; adding new sections to chapter 46.68 RCW; adding a new section to chapter 70A.535 RCW; adding new sections to chapter 47.66 RCW; adding new sections to chapter 47.04 RCW; adding a new section to chapter 47.24 RCW; adding new sections to chapter 47.60 RCW; adding a new section to chapter 47.56 RCW; adding a new section to chapter 47.06A RCW; adding a new chapter to Title 43 RCW; creating new sections; repealing RCW 70A.535.020; prescribing penalties; providing effective dates; providing expiration dates; and declaring an emergency.

Clerk’s Papers (CP) at 12.

ESSB 5974 includes five subsections addressing a variety of topics pertaining to the

general topic of transportation resources in Washington State. The bill provides direction and

requirements on the spending for a portion of the funding generated under the Washington

climate commitment act, and removes the requirement to consider and enact legislation dealing

with compliance obligations for emissions-intensive and trade-exposed industries under the

Washington climate commitment act. ESSB 5974 further repeals the current motor vehicle fuel

tax exemption for exported fuel and replaces it with a credit system in which a $0.06 per gallon

tax would apply to some portion of exported fuel. The bill increases a variety of transportation

5 No. 59349-1-II

taxes and fees and provides additional local government taxing authority. Additionally, ESSB

5974 removes current statutory language requiring the passage of an additive transportation

package before the Clean Fuel Standard program compliance and credit provisions go into effect.

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