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Washington Capital Gains Tax Challenge Can Proceed, Court Says

Sept. 13, 2021, 3:50 PM

Opponents of Washington state’s new capital gains excise tax can proceed with their lawsuit seeking to invalidate the tax before it is levied on anyone, a state trial court judge has ruled.

Douglas County Superior Court Judge Brian C. Huber found Friday that Washington residents, farmers, and business owners in two combined lawsuits have standing under the Uniform Declaratory Judgment Act to ask the court for an injunction. He rejected arguments from Washington Attorney General Bob Ferguson (D) that the requests for an injunction were premature.

Judge Huber determined that the plaintiffs have asserted that the ...