State Supreme Court rules Eyman’s I-747 unconstitutional

OLYMPIA – The state Supreme Court this morning struck down a voter-approved initiative limiting property tax increases.

In a 5-4 decision, justices ruled Initiative 747 pushed by Tim Eyman of Mukilteo and passed by voters in 2001 was unconstitutional because its wording misled voters as to the actual effect of the measure.

Today’s ruling affirms a June decision issued by a King County Superior Court judge.

Initiative 747 aimed to limit annual property tax collections by counties, cities and school and special districts to 1 percent. Until then, the law allowed increases up to 6 percent annually.

“We’re in for absolute chaos,” Eyman said in a statement e-mailed to reporters and supporters this morning.

“For six years, local governments have been held to a 1 percent levy each year. Since I-747 no longer exists, local governments now suddenly have the unused taxing authority that they’ve accumulated over the past six years. That means that each local government now has the power to jack up property taxes 30% this fall without a vote of the people,” he wrote.

Dissenting justices said the majority applied the correct legal test and came up with the wrong conclusion.

“The majority seems to suggest that the voters are unable to think or read for themselves, when in fact our democratic process is based on the assumption that voters do in fact read and understand the impact of their votes,” wrote Justice Charles Johnson in the dissent.

On the Web:

Majority opinion:

http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=788448MAJ

Minority opinion:

http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=788448Di1