Case law

Cornelius v. Department of Ecology

182 Wash. 2d 574 · Washington Supreme Court · Feb 12, 2015

We will overturn an agency’s factual findings only if they are clearly erroneous. Id. at 594 . … We apply the “clearly erroneous” standard of review to an agency’s DNS. Nor. Hill Pres. & Prot. Ass’n v.

Washington-Oregon Shippers Cooperative Ass'n v. Schumacher

59 Wash. 2d 159 · Washington Supreme Court · Dec 14, 1961

WOSCA qualifies for an exemption under 49 U. S. C. § 1002 (c), and, there *162 fore, is not subject to regulation by the Interstate Commerce Commission as a freight forwarder. … The members could arrange their transactions individually and enjoy the tax immunities of the commerce clause..

Tyner v. DSHS, Child Protective Serv.

1 P.3d 1148 · Washington Supreme Court · Jun 15, 2000

As this court noted, the Legislature has granted caseworkers only a qualified immunity even in the case of an emergency situation. Id. at 607 , 809 P.2d 143 . … Brown were dismissed before trial on the grounds of witness immunity. Ms.

Peralta v. State

187 Wash. 2d 888 · Washington Supreme Court · Feb 16, 2017

Otherwise, her admission to being under the influence was conclusively established unless she moved to amend or withdraw her admission. Peralta neither qualified nor moved to withdraw or amend her admission. A. … and qualify or deny the remainder.”

State v. Clark

58 Wash. 128 · Washington Supreme Court · Apr 2, 1910

Other and previous instructions given by the trial judge clearly defined and distinguished the crimes of murder in the first degree, in the second degree, and manslaughter. … No jury had then been impaneled, no evidence had been offered on the merits, nor was there any jury, until twelve qualified men had been sworn to *132 try the cause in the manner provided by law.

State v. Mountain Timber Co.

75 Wash. 581 · Washington Supreme Court · Oct 6, 1913

act deprives plaintiff of its property without due process of law, and for a public use without just compensation, and deprives it of the right of trial by jury; (4) of the 14th amendment, in that it grants privileges and immunities … The court, as at present constituted, is not disposed to recede from or qualify its opinion as expressed in the case of State ex rel. Davis-Smith Co. v. Clausen, 65 Wash. 156 , 117 Pac. 1101 , 37 L. R. A. (N. S.) 466.

State ex rel. Blakeslee v. Clausen

85 Wash. 260 · Washington Supreme Court · Apr 22, 1915

Their evident purpose was to prevent the stoppage of the state’s established functions pending a vote upon some question of policy. It was clearly the intention of the people to except all ordinary appropriation bills. … “Established or organized society or corporations; an establishment, especially one of public character or one affecting a community.”

State v. Weber

159 Wash. 2d 252 · Washington Supreme Court · Dec 28, 2006

The questions were not clearly targeted at establishing that Weber was a gang *276 member. … Id. ¶52 In this case, the prosecuting attorney’s argument was clearly a response to defense counsel’s argument.

State ex rel. Spokane & British Columbia Telephone & Telegraph Co. v. City of Spokane

24 Wash. 53 · Washington Supreme Court · Feb 18, 1901

Paragraph 7, § 739, Ballinger’s Code, vests cities of the first class, of which respondent is one, with power-— “To lay out, establish, open, alter, widen, extend, grade, pave, plank, establish grades, or otherwise improve … The primary purpose for which highways and streets are established and maintained is for the convenience of public travel.

Washington Bankers Ass'n v. Dep't of Revenue

Washington Supreme Court · Sep 30, 2021

Absolute immunity gave way to a more accommodating but rigid view in which the Court would invalidate a tax in specific circumstances. … All Massachusetts wineries qualified as small and most out-of-state wineries were considered large. Id. at 4.

Sherman v. State

128 Wash. 2d 164 · Washington Supreme Court · Nov 16, 1995

Given that the memorandum clearly articulated that AAG Milam was acting as counsel for the University, even if Dr. … To establish a violation of the Act, the plaintiif must make a prima facie showing that: (1) he or she is a "handicapped individual” under the Act; (2) he or she is "otherwise qualified” for the position sought; (3) he or

State v. Muller

80 Wash. 368 · Washington Supreme Court · Jul 9, 1914

Cook, 17 Wall. 174 , that ‘every ingredient of which the offence is composed must be accurately and clearly alleged.’ … electors petitioned for the submission to the electors of the question whether intoxicating liquor should be sold in the unit where the violation is alleged to have occurred, nor that a majority of the qualified electors

Simon v. Levy

114 Wash. 556 · Washington Supreme Court · Feb 17, 1921

If he so apply, he shall be entitled to administer the partnership property if the court find him to be qualified.” … So in this case, it clearly appears from the evidence, without any dispute, that the appellant intended to remain in this state. He had shipped most of his household goods from Anchorage to Seattle.

State v. Bixby

27 Wash. 2d 144 · Washington Supreme Court · Feb 14, 1947

The testimony of Rose Chapin directly contradicts appellant’s contention as to his good faith and clearly establishes that appellant willfully procured Rose Chapin to perjure herself when she took the witness stand in the … It does not appear in the record that Rose Chapin, or anyone else legally qualified to do so, demanded a private hearing.

Island County Committee on Assessment Ratios v. Department of Revenue

81 Wash. 2d 193 · Washington Supreme Court · Sep 7, 1972

The right of school districts to receive state funds is necessarily qualified by the constitutional mandate that the legislature provide for a system of schools that is uniform. … The fact that these additions to ratio study technique do not constitute a “rule” does not mean that a computation based upon such techniques is immune from challenge. Seéj.RCW 82.03.130(4); 82.03.140.

Ravenscroft v. Washington Water Power

969 P.2d 75 · Washington Supreme Court · Dec 24, 1998

In order for the legislative intent exception to apply, the regulation establishing a duty must intend to identify and protect a particular and circumscribed class of persons, and this intent must be clearly expressed within … Ideally, the more certain landowners are of their liabilities and immunities, the more they will open their lands to the public. [3] To this end, the Legislature has clearly expressed its will.

Maehren v. City of Seattle

92 Wash. 2d 480 · Washington Supreme Court · Aug 10, 1979

Further, the case does not involve the promotion of non-qualified minority employees in place of qualified non-minority personnel. … The question of prior discrimination has been established by actual proof.

Hindman v. Boyd

42 Wash. 17 · Washington Supreme Court · Feb 26, 1906

Clearly the statute does not intend that the council shall submit the amendment until the fact exists that the necessary number of qualified voters have petitioned. … If the findings shall establish facts showing that the petitions were in compliance with the law, then an order shall be entered confirming and ratifying the one originally *35 made.

State v. Hirabayashi

133 Wash. 462 · Washington Supreme Court · Mar 16, 1925

affairs of said corporation including the management of the land hereinbefore described; that the defendant Nora Murphy, guardian of said minor Yoshiko Katsuno, held the aforementioned one (1) share of stock in order to qualify … theory that no subterfuge, however skillfully concealed, which results in giving to an alien the right to control, possession, use, and the enjoyment of rents, issues and profits of land *471 will be permitted to thwart the established

Beggs v. Department of Social & Health Services

171 Wash. 2d 69 · Washington Supreme Court · Feb 17, 2011

“A grant of immunity from liability clearly implies that civil liability can exist in the first place.” Jane Doe, 141 Wn. App. at 422-23 . … RCW 4.20.020 establishes two classes of beneficiaries. First tier beneficiaries do not need to demonstrate dependency to recover.