Opinion

State v. Coldwell Banker Residential Brokerage Co.

  • 95 Wash. 2d 297
  • 622 P.2d 1185
  • 1980 Trade Cas. (CCH) 63
  • 1980 Wash. LEXIS 1441
Court
Washington Supreme Court
Filed
Dec 31, 1980
Status
Published
Author
Brachtenbach
On the bench
Dolliver, Brachtenbach
Cited by
42 cases
Authority
More cited than 5.4%

discussing primary jurisdiction of federal courts and deference towards agency decisions where agency has authority to regulate, has exercised this authority, and is in the better position than a court to resolve the issue

How later courts described this case

  • discussing primary jurisdiction of federal courts and deference towards agency decisions where agency has authority to regulate, has exercised this authority, and is in the better position than a court to resolve the issue
  • discussing primary jurisdiction of federal courts and deference toward agency decisions where agency has authority to regulate, has exercised this authority, and is in the better position than a court to resolve the issue
  • declining to apply the doctrine of primary jurisdiction based partly on the fact there was no challenge to an agency regulation or to agency procedures
  • "[S]tan-dards to be applied in [an] antitrust action are within the conventional competence of the courts and the judgment of the agencies is not likely to be helpful in the application of these standards to the facts of this case."

Written by the judges who cited it.

The opinion

Brachtenbach, J.

(dissenting) — My dissent in the companion case of State v. Tacoma-Pierce County Multiple Listing Serv., 95 Wn.2d 280 , 622 P.2d 1190 (1980), is largely in point in this case and is incorporated by reference.

The only different circumstance relates to the statutory provisions governing multiple listing associations. Real estate brokers are subject to all of the other regulatory mandates discussed in the companion case.

Based upon the mentioned dissent, I would require an administrative decision before allowing maintenance of this litigation.

Stafford and Hicks, JJ., concur with Brachtenbach, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.