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The court is still expected to rule on the tax’s constitutionality later this year.
Delays in testing can lead to cases being dismissed after their statute of limitations expires.
The county is taking public feedback on the proposal through May 29.
It would allow the county to collect a tax from residents to fund the Whatcom Chief’s maintenance and operation.
The county council voted to preliminarily approve the budget Tuesday night following three hours of public comment.
There is no estimate for the alley’s reopening date.
DeSimone has served as interim director since the Port parted ways with former director Rob Fix last summer.
Current tallies show about 33% of eligible voters cast their ballot in this special election.
The tribe will use the funds to construct a new commercial pier and covered storage, renovate three moorage piers and design a new fish processing plant.
AG Brown says shoppers paid more despite promises of a free item.