City of Tacoma v. Taxpayers of Tacoma

In City of Tacoma v. Taxpayers of Tacoma, 357 U.S. 320, 336, 78 S. Ct. 1209, 2 L. Ed. 2d 1345 (1958), the State of Washington contested Tacoma's right to condemn state property under a federal license to construct a power plant. 357 U.S. at 322-23. A federal appellate court held that state law did not bar the City of Tacoma from acting under the federal license and affirmed its issuance. Id. at 338. Thus, the State of Washington could not file a subsequent state court action questioning Tacoma's authority to take the property. Although the state litigation did not seek to set aside the federal license, the state litigation was precluded because it had the effect of challenging the licensing action. Id. at 339-40.