Case law

State v. Levy

132 P.3d 1076 · Washington Supreme Court · Apr 13, 2006

Has Levy established a manifest constitutional error? ¶ 13 Levy did not assert that the error was a manifest constitutional error in his petition for review. … The question of whether it was a school was also a threshold issue that had to be established for there to be any crime at all. Id.

State Ex Rel. Blume v. Yelle

52 Wash. 2d 158 · Washington Supreme Court · Apr 17, 1958

RCW 43.51.020], The history of legislation concerning the establishment of the state parks and recreation commission and its predecessor must be considered in interpreting this statute. … Thus the legislature has taken control of state parks away from public office holders and placed it in the hands of qualified electors who are laymen. This was its prerogative.

Baker v. Lake City Sewer District

30 Wash. 2d 510 · Washington Supreme Court · Apr 9, 1948

Thereupon, the county commissioners adopted a third resolution, No. 10262, declaring the sewer district duly created and established and its commissioners duly elected. … Clearly, the county commissioners intended to pass favorably on the county health officer’s recommendation.

Knapp v. Siegley

120 Wash. 478 · Washington Supreme Court · Jun 21, 1922

This, he says, is clearly error and entitles appellant to a reversal, upon the authority of 1 E. C. … L. 381, § 15, as follows: “The principle established by the authorities is, that one landowner cannot, by altering the natural condition of his land, deprive the adjoining proprietor of the privilege of using his own land

Ambach v. French

216 P.3d 405 · Washington Supreme Court · Sep 24, 2009

This limitation clearly excludes stand alone personal injury claims like those for pain and suffering. … Doctors are clearly answerable for false or deceptive acts in the entrepreneurial aspects of their practice. Wright v.

City of Seattle v. Bittner

81 Wash. 2d 747 · Washington Supreme Court · Jan 11, 1973

any license as a probationary license for such time and under such conditions as it may deem necessary to insure continued adherence to this or other ordinances, but no probationary license shall be granted to anyone not qualified … Such cases do not deal with constitutional rights so clearly ascertainable as those drawn in question in this case. 113 Wash, at 307. Also, in Vincent v.

In re Mason

3 Wash. 609 · Washington Supreme Court · Jan 21, 1892

It follows, as clearly as by a mathematical demonstration, that the petitioner belongs to the reform school.” … The incorrigible of the first and second classes goes back to the court whence he came, and is discharged; but he of the third class, not having arrived at the age of eighteen years, has not earned the immunity provided by

Henne v. City of Yakima

182 Wash. 2d 447 · Washington Supreme Court · Jan 22, 2015

That statute also establishes procedures independent from those contained in RCW 4.24-.500-.520 for bringing and resolving a motion to strike SLAPP suits and claims, as well as for obtaining damages, costs, and fees. … I agree with Justice Fairhurst’s concurrence (at 460) that Henne’s amended complaint did not clearly eliminate all the claims that Yakima targeted in its anti-SLAPP motion.

Schrom v. Board for Volunteer Fire Fighters

100 P.3d 814 · Washington Supreme Court · Nov 18, 2004

to qualify them as "active member[s]" of their fire departments as required by RCW 41.24.170. … Respondents' past service may or may not qualify as "fire fighters" to be eligible for LEOFF Act pensions, despite their failure to qualify for the same under chapter 41.24 RCW.

Hoffer v. State

110 Wash. 2d 415 · Washington Supreme Court · May 12, 1988

We held that the Governor's actions were immune from liability. … In Haberman, we did not decide if the professional defendants, including accountants, qualified as sellers.

State v. Levy

156 Wash. 2d 709 · Washington Supreme Court · Apr 13, 2006

Has Levy established a manifest constitutional error? ¶13 Levy did not assert that the error was a manifest constitutional error in his petition for review. … The question of whether it was a school was also a threshold issue that had to be established for there to be any crime at all. Id.

Hansen v. Lindell

14 Wash. 2d 643 · Washington Supreme Court · Sep 23, 1942

Hansen, as the duly appointed, qualified, and acting administratrix of the estate of Winifred Lundberg, deceased, against Martin Lindell and Violet Lindell, his wife. … The position of this court was clearly stated in the cited case as follows: “In one of the texts cited by appellants, 37 C.

Clemency v. Department of Revenue

175 Wash. 2d 549 · Washington Supreme Court · Oct 18, 2012

Nelson established marital trusts in their wills, naming their wives as lifetime beneficiaries. … This led one author to observe that EGTRRA “clearly is not what it at first seems to be.

Sinnar v. LeRoy

44 Wash. 2d 728 · Washington Supreme Court · May 13, 1954

If, however, the illegality is not serious, and neither public policy nor statute clearly requires denial of relief, courts refuse to give effect to facts showing illegality unless those facts are essential to establish a … RCW 66.24.010]), provides: “The holder of one or more licenses may assign and transfer the same to any qualified person under such rules and regulations as the board may prescribe: Provided, however, That no such assignment

State v. Marino

100 Wash. 2d 719 · Washington Supreme Court · Jan 5, 1984

Diversion that results from a prosecutor's discretion to refuse to file charges seems relatively immune from judicial review. A. … But under a diversion arrangement, the prosecutor establishes the conditions and supervises the program.

State v. Bailey

67 Wash. 336 · Washington Supreme Court · Feb 28, 1912

The term requires no qualifying words to define this intrinsic quality. The qualifying phrase refers only to those essences, compounds, etc. which are enumerated immediately preceding it. … There was evidence tending to establish every element of the crime charged. The trial court having denied the defendant’s motion in arrest of judgment and refused a new trial, we must decline to interfere.

Kenworthy v. Kleinberg

182 Wash. 425 · Washington Supreme Court · Jul 11, 1935

Fred Kenworthy was the owner of all of the capital stock of the Kenw’orthy Crain & Milling Company, except qualifying shares, and was in full control of that corporation. … In fact, the record clearly reveals a considerable number of potent reasons, wholly unconnected with the Klein-bergs, which account for the falling off of the business of Morrison-Kleinberg Company and its consequent loss

In Re Hinton

100 P.3d 801 · Washington Supreme Court · Nov 18, 2004

Judges are not immune to these horrors. … Pierre, 118 Wash.2d 321, 328 , 823 P.2d 492 (1992). *804 Petitioners have established actual and substantial prejudice resulting from constitutional error.

Lloyd Garretson Co. v. Robinson

178 Wash. 601 · Washington Supreme Court · Aug 27, 1934

Wash. 515 , 217 Pac. 18 , it is said: “The settled rule is that a discrimination is valid if not arbitrary in a legislative sense, that is, outside of the wide discretion that the legislature may exercise, and only when it clearly … App.) 539, the court had before it an ordinance which made it unlawful for any person or corporation to maintain an establishment for sale, at wholesale, of fruits and vegetables, or for wholesale distribution of fruits and

In Re Disability Proceeding Against Diamondstone

105 P.3d 1 · Washington Supreme Court · Jan 20, 2005

The hearing officer concluded that these materials "speak for themselves;" they clearly evidence symptoms of Diamondstone's mental illness. FOF 13. … Moreover, the record does not support a finding that Diamondstone is a qualified individual who can meet the Association's licensing requirements, even with her suggested accommodation.