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State lawyers want capital gains lawsuits shifted from Douglas to Thurston County - NCWLIFE News

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WASHINGTON — The state of Washington wants two lawsuits seeking to overturn the new capital gains tax moved out of Douglas County court.

The new law taxes profits above $250,000 from the sale of stocks and bonds, and two sets of challengers are suing to prove it’s unconstitutional. In court filings last week, Attorney General Bob Ferguson says both cases should be thrown out by the Douglas County judge — but if not, they should be combined into one lawsuit and heard by a court in Thurston County, home of the state capital, where most suits challenging the validity of new legislation are heard.

A hearing on the motion is scheduled for July 13.

Both lawsuits allege the new 7 percent tax is not an excise tax as the Legislature calls it, but an income tax which the state Supreme Court ruled unconstitutional 85 years ago. The first suit, brought in April by lawyers with the conservative Freedom Foundation, was led by Douglas County property developer Chris Quinn. His six fellow plaintiffs include wealthy Washingtonians like Maryhill Winery owner Craig Leuthold of Spokane, Seattle property magnate Suzie Burke, and Freeland investor and former E*Trade boardmember Lewis E. Randall.

April Clayton, co-owner of Red Apple Orchards in Orondo and president of the Chelan-Douglas Farm Bureau, brought the second lawsuit in May, along with eight other individual plaintiffs plus the Washington Farm Bureau. Former Attorney General Rob McKenna is lead plaintiffs’ counsel for that case.

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State lawyers want capital gains lawsuits shifted from Douglas to Thurston County - NCWLIFE News
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