Challenge to Port’s ballot measure dismissed

The entire contents of the dismissal order narrative in court records.

The entire contents of the dismissal order narrative in court records.
Court document

A judge dismissed a challenge that the language of the Port of Everett’s expansion that will be on ballots is not precise enough.

Snohomish resident Morgan Davis initiated the challenge.

He petitioned to modify the language from “Shall the Port of Everett be enlarged to include all areas of Snohomish County not currently within the Port of Everett, the Port of Edmonds, the City of Edmonds” and so forth to the wording “Shall the Port of Everett Taxing District be enlarged to include all areas of Snohomish County; except the Port of Edmonds; the City of Edmonds” and so forth.

The port’s attorneys focused on Davis’s suggestion to add the words “Taxing District.” They argued this would misidentify the entity seeking the expansion because while the port does tax its residents, its name isn’t the Port of Everett Taxing District.

Judge Karen Moore agreed, dismissing it in Snohomish County Superior Court last week.

“The whole thing was about two words - taxing district or not,” Davis said about the proceedings.

The Port of Everett’s footprint is largely Everett and Mukilteo.

Its measure on August’s ballot asks to expand the port boundaries to almost the entire county, except the tax district of the Port of Edmonds. The port charges taxes to all property owners living within port boundaries. 

Its 2024 tax rate is 19 cents per $1,000 in assessed property value. Its maximum tax capacity is up to 45 cents per $1,000.

The port had guessed last year that the rate will go down if the measure enlarges the tax base.

The port is limited to using the tax proceeds toward environmental cleanups, debt service and public access.

Port spokesperson Kate Anderson said that “the specific question before the voters is whether to enlarge the Port of Everett,  as far as the consequences of an enlargement that can be addressed in the voter pamphlet.”