Case law

In Re the Determination of the Rights Ex Rel. the Waters of Sinlahekin Creek

162 Wash. 635 · Washington Supreme Court · May 15, 1931

The lands of the reclamation district were decreed to be in class 15, and it was accordingly awarded right in the waters of Sinlahekin creek to the extent of 200 cubic feet per second for 10,000 acres of land, qualified as … We think the decree has worked as nearly exact justice as it is possible under the much involved, and, in *644 many particulars, not in this record clearly proven, facts.

Omega National Insurance v. Marquardt

115 Wash. 2d 416 · Washington Supreme Court · Oct 25, 1990

This court considers the equal protection clause of the fourteenth amendment to the United States Constitution cOid the privileges and immunities clause of the Washington Constitution substantially identical and they are … The facts of the Calfarm case are clearly distinguishable from those of the present case in that nothing in the rule challenged in the present case forces insurers to write polices for which they do not receive a fair return

Cowan v. C., M., ST. P. & PAC. R.

55 Wash. 2d 615 · Washington Supreme Court · Feb 11, 1960

The party producing the witness must show he is qualified. Tully v. … Even if erroneous, it was not prejudicial, because the basic facts of the plaintiff's case were established by other testimony without the opinion of Kusian as to the concentration of the gas.

Dore v. Kinnear

79 Wash. 2d 755 · Washington Supreme Court · Oct 14, 1971

Ses., ch. 282, § 4, p. 2745, the King County Assessor submitted a comprehensive revaluation plan to the Department of Revenue in order that King County may qualify for funding of the revaluation program. … This purpose is clearly defined in RCW 84.41.010 which declares in part: Traditional public policy of the state has vested large measure of control in matters of property valuation in county government, and the state hereby

Peterson v. Hagan

56 Wash. 2d 48 · Washington Supreme Court · Apr 14, 1960

Instead, it immunized employers covered by the federal act from state regulation and thus denied to small employers the equal protection of the laws. … Very clearly, the Federal Act could only be permissive — never mandatory.

Fields v. Wash. Dep't of Early Learning

434 P.3d 999 · Washington Supreme Court · Feb 21, 2019

. ¶ 48 However, the hearings Fields has been given clearly satisfy the requirements of procedural due process. … Fields does not currently have a CROP, and whether or not Fields would qualify for a CROP is an open question.

In re Firestorm 1991

129 Wash. 2d 130 · Washington Supreme Court · May 16, 1996

He had been advised he could not disclose them because they were work product, and petitioners clearly knew he had been so advised because he told them so. … This record does not conclusively establish what DNR knew or whether information gathered by Mr. Buske or others was forwarded or not.

King County v. Friends of Sammamish Valley

Washington Supreme Court · Sep 19, 2024

Unless the facts show 3 “The board shall consist of five members qualified by experience or training in pertinent matters pertaining to land use law or land use planning and who have experience in the practical … The Board’s contrary reading is clearly erroneous. D.

Biggers v. City of Bainbridge Island

169 P.3d 14 · Washington Supreme Court · Oct 11, 2007

matter that qualifies for the award of attorney fees and costs. … The administration of the system so established shall be performed exclusively by the local government. " (Emphasis added.)

Taylor v. Burns

12 Wash. 2d 686 · Washington Supreme Court · Mar 19, 1942

His position as the real proponent of the final report had already been clearly established; he had been afforded a full opportunity to explain and defend his acts; and he will therefore not now be heard to assert a purely … technical claim of immunity from the jurisdiction of the court.

In Re the Salary of the Juvenile Director

87 Wash. 2d 232 · Washington Supreme Court · Jun 24, 1976

When the director was hired in 1973, his initial salary was established by agreement between the State, County, Superior Court, and the director. … No showing was made that other qualified employees could not be obtained at the salary established by the county commissioners. In 1974, when the director was hired, 13 applicants sought the position.

Fahn v. Cowlitz County

93 Wash. 2d 368 · Washington Supreme Court · Jan 20, 1981

I The majority contends at page 382-83: Since [the regulation of the State Human Rights Commission] prevents preemployment inquiries based on height and weight in virtually all situations, the regulation in effect establishes … In our view, however, the designation of any additional categories of protected persons is clearly a legislative function.

Port of Tacoma v. Parosa

52 Wash. 2d 181 · Washington Supreme Court · Apr 17, 1958

It is provided in the act that qualified voters of the proposed city or town equal in number to twenty per cent of the votes cast at the last state election may petition for incorporation. … Where the validity of a statute is assailed, there is a presumption of the constitutionality of the legislative enactment, unless its repugnancy to the constitution clearly appears or is made to appear beyond a reasonable

State v. Curran

116 Wash. 2d 174 · Washington Supreme Court · Jan 10, 1991

The officer shall inform the person of his or her right to refuse the breath or blood test, and of his or her right to have additional tests administered by any qualified person of his or her choosing as provided in RCW 46.61.506 … The statute and case law clearly distinguish between these two terms in the vehicular homicide context. See State v. Eike, 72 Wn.2d 760, 765 , 435 P.2d 680 (1967); State v. Knowles, 46 Wn.

RPEC v. Charles

62 P.3d 470 · Washington Supreme Court · Jan 30, 2003

This letter contained several qualifiers to which the executive director alerted appellant organizations. … The statutory provisions are clearly referenced in section 906(7).

Adams v. Hinkle

51 Wash. 2d 763 · Washington Supreme Court · Feb 27, 1958

As the press has business aspects, it has no special immunity from laws applicable to business in general.... … We cannot give some constitutional rights a preferred position without relegating others to a deferred position; we can establish no firsts without thereby establishing seconds.

State v. Thompson

92 P.3d 228 · Washington Supreme Court · Jun 24, 2004

Thompson's use of the boathouse was clearly dependent upon the permission of the owners, i.e., his parents. … The items discovered in the boathouse following a lawful consent to search by Thompson's father together with the items found in open view on the property clearly established probable cause for the search warrant independent

Newell v. Loeb

77 Wash. 182 · Washington Supreme Court · Dec 31, 1913

But the competency of the witnesses on direct examination was clearly shown. North Coast R. Co. v. Gentry, 58 Wash. 82 , 107 Pac. 1060 . … The appellants cite cases to the effect that it is the established rule that property devoted to a public use may not be taken for another public use without legislative grant, either in express terms or by necessary implication

Harbour Village Apts. v. City of Mukilteo

989 P.2d 542 · Washington Supreme Court · Dec 16, 1999

Clearly, they are engaged in the business of renting dwelling units. [7] Under the plain language of RCW 35A.82.020, Mukilteo's authority to "impose excises for regulation or revenue" for "all ... kinds of business ... and … As the RDU fee meets the legitimate purposes of both revenue raising and regulation, it cannot be said to be wholly arbitrary, thus it cannot be shown to violate federal equal protection or our State's privileges and immunities

Southwest Washington Chapter, National Electrical Contractors Ass'n v. Pierce County

100 Wash. 2d 109 · Washington Supreme Court · Jul 28, 1983

The County has established the following objective measurement of good faith. … Any program satisfying the more stringent requirements of Fullilove clearly satisfies this mid-tier test.