Case law

Paris American Corp. v. McCausland

52 Wash. App. 434 · Court of Appeals of Washington · Sep 6, 1988

In both Olin and Layman , the "qualified refusal" rule was applied in a situation in which the holder of the property was a bailee of the property. … Here, the McCauslands withheld possession of the personal property for their own benefit, and clearly for a period longer than was necessary to determine Paris Beauty Supply's identity.

King County v. DEPT. OF DEVELOPMENT

273 P.3d 490 · Court of Appeals of Washington · Apr 2, 2012

DDES contends the hearing examiner's determination that Spencer and Shear established their use of the property was a valid nonconforming use is both "`an erroneous interpretation of the law'" and a "`clearly erroneous application … "`The use of property must actually be established prior to the adoption of the zoning ordinance to qualify as a nonconforming use thereafter.'" McMilian, 161 Wash. App. at 591 , 255 P.3d 739 (quoting Anderson v.

Diamaco, Inc. v. Aetna Cas. & Sur. Co.

983 P.2d 707 · Court of Appeals of Washington · Oct 12, 1999

Instead, the court there explained that the limitations on coverage arose from the policy's stated exclusions, not the insuring clause: The qualifying phrase, "to which this insurance applies" underscores the basic notion … The language and structure of the policies in this case clearly adopt the first approach.

Stevens County v. Eastern Washington Growth Management Hearings Board

163 Wash. App. 680 · Court of Appeals of Washington · Sep 22, 2011

It noted the RCW 36.70A-.320(3) requirement that it must find compliance unless it determined clearly erroneous action. … In footnote 77 of HBR 254, the Board explained, “In the Board’s experience, many jurisdictions establish maximum coverage.

In re the Marriage of Kile

186 Wash. App. 864 · Court of Appeals of Washington · Apr 9, 2015

The burden was on her to demonstrate, clearly, that the leases and the profits derived from operating under them were her separate property. … And RCW 26.09.090 clearly makes an award of maintenance discretionary, not mandatory. Here, the trial court awarded Mr.

Dellen Wood Products, Inc. v. Department of Labor & Industries

179 Wash. App. 601 · Court of Appeals of Washington · Feb 25, 2014

Ed. 2d 415 (2006)). ¶42 A claimant alleging deprivation of due process must first establish a legitimate claim of entitlement. Haberman v. Wash. Pub. … To qualify as a self-insured employer, an employer must first establish that it has sufficient financial ability to pay workers’ compensation benefits and assessments under the Act. RCW 51.14.020(1).

City of Walla Walla v. Conkey

6 Wash. App. 6 · Court of Appeals of Washington · Dec 13, 1971

The following facts were clearly established. (1) Both Gose Ditch and Mill Creek are badly polluted from the sewage and industrial waste and at least since the construction of three vegetable processing plants in 1932, 1935 … We thus conclude that there was clearly established a prima facie case of an inverse condemnation in the nature of a taking, which occurred as a result of the city’s sewage disposal activities. Aliverti v.

King County Department of Development & Environmental Services v. King County

167 Wash. App. 561 · Court of Appeals of Washington · Apr 2, 2012

DDES contends the hearing examiner’s determination that Spencer and Shear established their use of the property was a valid nonconforming use is both “ ‘an erroneous interpretation of the law’ ” and a “ ‘clearly erroneous … App. at 164 ). “ ‘The use of property must actually be established prior to the adoption of the zoning ordinance to qualify as a nonconforming use thereafter.’ ” Id. (quoting Anderson v.

Ki Sin Kim v. Allstate Insurance

153 Wash. App. 339 · Court of Appeals of Washington · Nov 24, 2009

Allstate’s obligation to cover the costs of Kim’s emergency room visit is an open question best decided at trial on remand. *361 CPA Claim f 39 But the record clearly establishes that the trial court erred when it granted … Moreover, the IME belongs to Allstate and clearly qualifies as its own work product. See Harris v. Drake, 116 Wn.

Spokane County v. Eastern Washington Growth Management Hearings Board

176 Wash. App. 555 · Court of Appeals of Washington · Sep 10, 2013

Even so, we exercise our discretion to further clarify the rule we established in Spokane County I. B. … But a hearings board accords a county the required deference by properly applying the GMA’s clearly erroneous review standard.

State v. Murray

128 Wash. App. 718 · Court of Appeals of Washington · Aug 4, 2005

an exceptional sentence under a de *723 novo standard of review; or that the sentence is clearly excessive or too lenient under an abuse of discretion standard. … To that end, “[t]he presumptive sentence ranges established for each crime represent the legislative judgment as to how these interests shall best be accommodated.” Id.

State v. Wilson

995 P.2d 1260 · Court of Appeals of Washington · Mar 21, 2000

Here, JST is clearly a victim. … Wilson-Farler's bank records and discover deposits of funds embezzled from the victim in order to establish the victim's loss. The connection to the embezzlement is established. C.

Tacoma Goodwill Industries Rehabilitation Center, Inc. v. County of Pierce

10 Wash. App. 197 · Court of Appeals of Washington · Dec 17, 1973

In November of 1968 the assessor notified plaintiff that its nonprofit “sheltered workshop” status did not qualify it for an exemption under the then existing statutes, and that accordingly its renewed claim for exemption … The purpose of that statute is clearly to furnish a means for collecting a tax which was not collected in the proper year because of an “erroneous proceeding.”

City of Spokane v. Spokane Civil Service Commission

98 Wash. App. 574 · Court of Appeals of Washington · Dec 21, 1999

In 1937, the Washington Legislature enacted RCW 41.12, establishing a civil service system for city police. Id. … The City argues that this statute clearly indicates that the promotion procedures in the Agreement control.

State v. Rhodes

82 Wash. App. 192 · Court of Appeals of Washington · Jun 3, 1996

We will not disturb the trial court’s determinations of whether a prima facie case has been established and whether there was a discriminatory purpose behind the State’s use of its peremptory challenges unless it is clearly … I will also note that there were two jurors, not of African American descent, but who are clearly visibly members of minority groups . . .

State v. DeLAURO

163 Wash. App. 290 · Court of Appeals of Washington · Aug 29, 2011

pleaded not guilty by reason of insanity, or there is reason to doubt his or her competency the court on its own motion or on the motion of any party shall either appoint or request the secretary to designate at least two qualified … I think the disclosure provisions of the state statute on competency evaluations to me clearly indicate that the reports are to be provided to the interested parties for the limited purpose of determining whether this person

State v. Reed

101 Wash. App. 704 · Court of Appeals of Washington · Aug 7, 2000

The public policy arguments advanced by the State in support of establishing a “surveillance location privilege” are not persuasive. … Super. 297 , 630 A.2d 1257 (1993) (evidence rule precludes disclosure of surveillance location unless defendant can establish that “interests of justice” served).

Western Washington Corp. v. Ferrellgas, Inc.

102 Wash. App. 488 · Court of Appeals of Washington · Sep 8, 2000

Thus, the Trade Contract clearly and unequivocally incorporates the “Contract Project Documents” and the “Contract Documents.” But the question is what do these terms mean. … This is a thinly veiled attempt to establish the Church’s subjective intent to abandon the Owner/Architect Agreement and, therefore, the Project Manual that the architect created.

Kenneth Wren, et ux. v. Stanford and Sons, LLC

Court of Appeals of Washington · Feb 4, 2025

If a plaintiff establishes a prima facie case of defamation, a defendant may raise an absolute or qualified privilege defense to avoid liability. Id. … If you want to put together an instruction on qualified immunity that is limited to those individuals, I think that that would be appropriate.

Roberts v. King County

107 Wash. App. 806 · Court of Appeals of Washington · Aug 6, 2001

In 1979 King County adopted King County Ordinance 4324 which established its current personnel system. … Because FLSA exempt employees qualify for executive leave if their positions require them to work substantially in excess of the standard work schedule, employees who work a 35-hour workweek schedule qualify for executive