Case law

Davidson Serles & Associates v. City of Kirkland

159 Wash. App. 616 · Court of Appeals of Washington · Jan 24, 2011

The GMA, “clearly contemplates that challenges to comprehensive plan amendments [and development regulations] must be brought before the [Board].” Coffey v. City of Walla Walla, 145 Wn. … Torrance, 136 Wn.2d at 793-94 . ¶18 The GMA establishes the exclusive means to review the City’s amendments to its comprehensive plan and zoning code.

Chadwick v. Northwest Airlines, Inc.

33 Wash. App. 297 · Court of Appeals of Washington · Nov 30, 1982

Chadwick's failure to comply with the terms of probation and was clearly contemplated by the parties at the time of contracting. He cannot now invalidate the agreement because NWA enforced it. Mr. … He further argues the attorney was not qualified as a custodian of the records to testify regarding those files. Therefore, he *304 argues the motion should fail. We disagree.

Vernon Paul Vance, V Pierce County

Court of Appeals of Washington · Oct 5, 2015

and false arrest claims, and he fails to establish a prima facie case of defamation, we affirm the trial court's order dismissing Vance's claims on summary judgment. … City of Seattle. 99 Wn.2d 582, 601-02, 664 P.2d 492 (1983) (law enforcement officers have a qualified privilege when releasing information related to a criminal defendant).

In Re Custody Of: S.m. And A.m., John Mcculla, Sr. v. Carey Mcculla

Court of Appeals of Washington · Jul 1, 2019

Because it is clearly contrary to the legislature’s intent, we decline to interpret RCW 26.09.260(1) in the manner that Milton suggests. … Thus, Milton bears the burden of establishing that she is a fit parent.

Wolfe v. BENNETT PS & E, INC.

95 Wash. App. 71 · Court of Appeals of Washington · Apr 9, 1999

The County argues: (1) it is immune from this negligence suit under the public duty doctrine; (2) Bennett’s failure to exhaust other remedies precludes its impleading the County; and (3) the County was not the proximate cause … Nor can Bennett establish the “special relationship” exception to the public duty doctrine.

Dress v. Department of Corrections

168 Wash. App. 319 · Court of Appeals of Washington · May 14, 2012

It also argues that it need only “follow its own legitimately established procedures regarding early release into community custody.” 22 We are not persuaded by these arguments. ¶25 The relevant case law is clear that DOC … Under this rule, “unless a contrary intention appears in the statute, qualifying words and phrases refer to the last antecedent.” 41 The corollary to this rule states that “the presence of a comma before the qualifying phrase

In re the Welfare of S.I.

184 Wash. App. 531 · Court of Appeals of Washington · Nov 18, 2014

Continuation of the parent-child relationship clearly diminishes the child’s prospects for early integration into a permanent and stable home. IX. … RCW 13.34-.180 and .190 establish procedures required before terminating parental rights.

Dillon v. Seattle Deposition Reporters, LLC

179 Wash. App. 41 · Court of Appeals of Washington · Jan 21, 2014

SDR never attempted to establish, nor did the trial court find, good cause to lift the stay on all pending motions. … Dillon quite clearly alleged in his complaint that the violations of the privacy act were SDR’s acts of transcribing the telephone calls without his knowledge.

Eisenbach v. Schneider

140 Wash. App. 641 · Court of Appeals of Washington · Sep 10, 2007

Accordingly, most of the findings are verities on appeal. 7 Estate Plan ¶12 In May 1979, Marvin and Martha Eisenbach established a trust indenture. … The trustee also allocated approximately $1.6 million to the latter subshare (the B-2 trust or Qualified Terminable Interest Property (QTIP) trust).

Lewis County v. State

178 Wash. App. 431 · Court of Appeals of Washington · Dec 17, 2013

We agree with ■ the trial court that the County presented neither type of qualifying issue here. A. … Because the County must establish all four elements to demonstrate a justiciable controversy the failure to establish any one element is fatal to its claim.

Hansen v. Transworld Wireless TV-Spokane

44 P.3d 929 · Court of Appeals of Washington · Apr 25, 2002

See Deauville, 756 F.2d at 1197 ; but see Oxford Furniture, 984 F.2d at 1126 (trial court properly concluded parent corporation was not immune and thus submitted question of liability to jury). … Bush, 38 Wash.2d 876, 879 , 233 P.2d 847 (1951) (qualified acceptance is counteroffer, which original offeror may accept).

Klinke v. Famous Recipe Fried Chicken, Inc.

24 Wash. App. 202 · Court of Appeals of Washington · Sep 17, 1979

Klinke was still engaged in negotiating for the property when, in April 1976, Famous notified him of its decision not to qualify in Washington and that there would be no franchise. … Clearly, Klinke's evidence was sufficient to withstand the challenge presented by the summary judgment.

City of Bellevue v. Acrey

37 Wash. App. 57 · Court of Appeals of Washington · Mar 12, 1984

While they do not articulate the issue clearly, Acrey and Bandle seem to be alleging that the ordinance is vague on its face. … It clearly proscribes making knowingly false statements to public officers. Thus, the ordinance is not vague on its face.

San Juan County v. Ayer

24 Wash. App. 852 · Court of Appeals of Washington · Dec 17, 1979

monument or its accessories, but whose location has been perpetuated, or the point for which may be recovered beyond reasonable doubt by the acts and testimony of the interested landowners, competent surveyors, or other qualified … Because we cannot envision any means of applying the Sego "high probability test" without inexorably passing upon the quality of the evidence, we have chosen to follow the traditional substantial evidence quantitative rule as clearly

State v. JV

132 P.3d 1116 · Court of Appeals of Washington · Apr 24, 2006

s failure in treatment court had established that he needed treatment in a structured facility. … J.V. argues that the 30 to 40 week sentence is clearly excessive.

Matter of Marriage of Kraft

61 Wash. App. 45 · Court of Appeals of Washington · Apr 25, 1991

The court erred in establishing a value for Mr. Kraft's military benefits and then awarding to him "His disability pension, $123,800.00." In effect it was distributed as an asset. … That is clearly not a just and equitable distribution. Finally, Mr. Kraft contends the court erred by imposing a postmajority support obligation on him for his son's college education.

In re the Detention of Abolafya

114 Wash. App. 137 · Court of Appeals of Washington · Oct 28, 2002

A residential burglary conviction will qualify if it is proved beyond a reasonable doubt to be sexually motivated. … The current attempt to establish the 1993 crime was sexually motivated enables the State to seek only civil commitment.

Freestone Capital v. Mka Real Estate

230 P.3d 625 · Court of Appeals of Washington · Apr 26, 2010

.; Freestone Capital Qualified Partners L.P.; and Freestone Low Volatility Qualified Partners L.P., Respondents, v. … They include Freestone Low Volatility Qualified Partners L.P., Freestone Capital Qualified Partners L.P., Freestone Low Volatility Partners L.P., and Freestone Capital Partners L.P. (collectively, "Freestone").

Anderson v. Dreis & Krump Manufacturing Corp.

48 Wash. App. 432 · Court of Appeals of Washington · Jul 9, 1987

Factual causation is established between a defendant's act and a subsequent injury only where it can be said the injury would not have occurred "but for" the defendant's act. W. Keeton, D. Dobbs, R. Keeton, & D. … The court, at page 346, held this modification caused the accident, stating: Clearly, the substitution of the easily depressed mobile electrical foot switch for the original fixed elevated mechanical treadle that was responsive

City of Seattle v. Jones

3 Wash. App. 431 · Court of Appeals of Washington · Oct 19, 1970

Clearly the achievement of such objective is a legitimate exercise of the police power. … But, a suspect’s immunity from arrest without probable cause is augmented rather than dimin *439 ished by the reference to a “known prostitute” in subsection (g) of the ordinance.