Case law

Luther v. Ray

91 Wash. 2d 566 · Washington Supreme Court · Jan 5, 1979

That expression clearly limits the terms of incumbents. … We believe the first sentence of chapter 337, section 2(2) establishes a similar contingency.

Winsor v. Smart's Auto Freight Co.

25 Wash. 2d 383 · Washington Supreme Court · Jul 12, 1946

Both Lipes and Jones had qualified themselves as expert truck drivers of many years experience. … “When the facts are neither contradicted nor permissive of conflicting inferences, when they are clearly settled and the course dictated by ordinary care can be so clearly .discerned as to permit but a single inference, there

Carter v. University of Washington

85 Wash. 2d 391 · Washington Supreme Court · Jun 5, 1975

It is in this reference-frame that the equal privileges and immunities clause of our state constitution should be construed. … Thus, with respect to the poor, employing filing fees as a mechanism for deterring frivolous cases or controlling the workload of the courts is clearly overbroad.

Queen City Farms, Inc. v. Central Nat'l Ins. Co. of Omaha

126 Wash. 2d 50 · Washington Supreme Court · Jul 20, 1995

, once it has done so, the insurer should bear the burden of proof of establishing that the claim is within an exclusion. … As can be seen, this definition clearly contemplates gradual events.

Boeing Aircraft Co. v. Reconstruction Finance Corp.

25 Wash. 2d 652 · Washington Supreme Court · Aug 12, 1946

*655 It is a well-recognized rule that grants of immunity from taxation are to be strictly construed and every doubt resolved in the right to collect the tax. Railroad Co. v. Loftin, 105 U. S. 258 , 26 L. … Such exemptions are merely declaratory of what the law is, regardless of the provisions, and are unnecessary to establish the exemption of national property from state taxation.

Association of Washington Business v. Department of Revenue

155 Wash. 2d 430 · Washington Supreme Court · Sep 22, 2005

The first paragraph clearly grants DOR the authority to adopt rules of procedure, which are not at issue here. … Also, in Coast Pacific we disallowed an export exemption from the state business and occupation tax because it was based on a regulation that attempted to expand tax immunity beyond what the underlying statute and constitution

In Re Estate of Scardigli

77 Wash. 2d 865 · Washington Supreme Court · Apr 16, 1970

The primary issue is the admission of evidence establishing the identity of the heirs presently residing in Italy. … Convention with the Kingdom of Italy concerning the *868 rights, privileges, and immunities of consular officers. May 8, 1878, art. 10, 20 Stat. 725 , T.S. No. 178.

King County Employees' Ass'n v. State Employees' Retirement Board

54 Wash. 2d 1 · Washington Supreme Court · Feb 27, 1959

King county qualified as an employer under the act, and its employees have become members of the State Employees’ Retirement System. … A member is required to make monthly contributions to establish annuity benefits which become payable upon his or her qualification for retirement.

Nelson v. McClatchy Newspapers, Inc.

931 P.2d 870 · Washington Supreme Court · Feb 20, 1997

The court concluded because the state law deprived the paper of its editorial discretion, it was necessarily unconstitutional as applied to the newspaper. [14] Thus, Miami Herald clearly establishes that editorial control … Since this right is established by the statute we need not consider whether it is also established by the state constitution.

Benedict v. Schmieg

36 L.R.A. 703 · Washington Supreme Court · Jan 13, 1896

The appellant cites a large number of cases tending to establish the rule that presentment to each of the makers is necessary. … Clark, supra; but an examination will show that the language relied upon was qualified and was only used by way of argument upon a point not necessary to the decision of the case.

Critzer v. Oban

52 Wash. 2d 446 · Washington Supreme Court · May 29, 1958

They changed the corporate name to Oban’s Hatchery, Inc., and qualified it to engage in business in California. … But the facts of the present case, as established by the findings, do not warrant the application of those principles.

State Ex Rel. Martin Marietta Aluminum, Inc. v. Woodward

84 Wash. 2d 329 · Washington Supreme Court · Aug 22, 1974

The act provides for two types of hearings on appeals before the Board, informal and formal, but does not clearly delineate the distinction between them. RCW 43.21B.150-.160. … The PCHB members are to be qualified in matters pertaining to the environment. RCW 43.21B.020. Certainly they and their staff acquire additional expertise in performing *333 their statutory duties.

Knutson v. Fredlund

56 Wash. 634 · Washington Supreme Court · Jan 12, 1910

mandatory, reasonable and not in conflict with any act of Congress, seems clearly within the principles announced or tacitly recognized in O’Donnell v. … Appellant’s only purpose in attempting to show respondent’s alleged nonperformance of work was to establish a forfeiture of respondent’s claims.

State ex rel. Coon v. Hay

51 Wash. 576 · Washington Supreme Court · Feb 6, 1909

Section 28 of the direct primary law clearly puts upon the citizen a test of eligibility not contemplated by the people when adopting the constitution. … I therefore conceive it to be entirely clear, that the legislature cannot establish arbitrary exclusions from office, or any general regulation requiring qualifications, which the constitution has not required.”

City of Bellevue v. Hellenthal

144 Wash. 2d 425 · Washington Supreme Court · Aug 2, 2001

Supervision of purchase and of initial testing is not critical to authentication, provided that the witness who has qualified as an expert shows that the devices have passed the tests and checks necessary to establish that … The court in these infraction cases clearly did not assume the role of prosecutor when considering the radar expert’s certificates as authorized by court rule.

In Re Detention of Hawkins

238 P.3d 1175 · Washington Supreme Court · Sep 9, 2010

RCW 71.09.040(1)-(3) provide for a hearing to establish that there is probable cause to believe that a person is an SVP. … But in RCW 71.09.040(4), the description of the examiner, "by a person deemed to be professionally qualified to conduct such an examination," can be modified by the "pursuant" clause because one can deem someone qualified

Mukilteo Citizens v. City of Mukilteo

174 Wash. 2d 41 · Washington Supreme Court · Mar 8, 2012

RCW 35.17.260 establishes rules governing initiatives that, when satisfied, require a city to either pass the proposed ordinance without alteration or submit the proposed ordinance to the registered voters. … The proposition then asked the voters to indicate whether they supported, opposed, or had no opinion about annexation. ¶18 When compared with Proposition 2, a clearly marked advisory vote, the city’s contention that Proposition

McManis v. Lloyd

108 Wash. 307 · Washington Supreme Court · Aug 20, 1919

Rice was his duly *309 appointed, qualified and acting guardian. At the time lie began to room and board with bis sister, the deceased was a bachelor, approximately forty years of age. … As above indicated, since the evidence clearly and convincingly establishes a just claim for nursing, based upon an understanding with the guardian, its allowance by the trial court is approved.

Jenkins v. Department of Social & Health Services

171 Wash. 2d 568 · Washington Supreme Court · May 26, 2011

In this case, constitutionally qualified superior court judges held dependency review hearings on July 5, 2007 and November 21, 2007. … We affirm because findings of fact entered at the termination trial may sufficiently establish dependency, but only if, as here, the facts and circumstances clearly demonstrate the omitted finding was actually intended by

L.M. by and Through Dussault v. Hamilton

193 Wash. 2d 113 · Washington Supreme Court · Mar 21, 2019

That literature shows that NFOL can clearly cause BPI, but it does not describe what types of BPI—avulsion, rupture, etc.—this includes. CP at 1842-43. … And that is clearly the case here.