Case law

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.

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

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").

State Ex Rel. Campbell v. Cook

86 Wash. App. 761 · Court of Appeals of Washington · Jun 13, 1997

On September 28, 1978, Campbell and the State of Washington filed a petition to establish paternity, alleging that Cook was D.J.C.’s biological father. … Cook also asserts that the GAL was not qualified to make psychological determinations concerning D.J.C.’s well-being. The record shows that the GAL was qualified to make a determination as to D.J.C.’s best interests.

J.L. Storedahl & Sons, Inc. v. Clark County

143 Wash. App. 920 · Court of Appeals of Washington · Apr 8, 2008

In 1973, the County amended the F-X zone to limit permitted uses, but provided: *924 All uses in existence and occurring on a specific parcel of land which legally qualified as “permitted uses” under provisions of the former … And finally, the clearly erroneous test under (d) involves applying the law to the facts. Cingular Wireless, 131 Wn. App. at 768 (citing Citizens to Pres. Pioneer Park, LLC v. City of Mercer Island, 106 Wn.

Brady Horenstein v. Executive Ethics Board

Court of Appeals of Washington · Nov 25, 2025

He asserts that, although our courts have not recognized a separate negligent investigation tort except in limited circumstances, the circumstances here qualify under an established exception. … Price, J. 9 The Ethics Board asserts that Horenstein’s claims fail because the Ethics Board has absolute immunity under quasi-judicial and quasi-prosecutorial immunity. Br. of Resp’t at 16-21.

Applebee v. Department of Social & Health Services

106 Wash. App. 123 · Court of Appeals of Washington · May 7, 2001

Applebee to contact the DSHS to establish an appropriate plan, including visitation. Ms. Alexander remained in contact with the Tribe, with Ms. … Section 1912(d) clearly recognizes that State efforts may fail. Indeed, such failure must be shown before parental rights to an Indian child may be terminated. Although Ms.

State Of Washington v. David Brent Haggard

442 P.3d 628 · Court of Appeals of Washington · Jun 3, 2019

The court may in its discretion vacate the record of conviction if the applicant qualifies under the relevant statute. RCW 9.96.060(1)—(2). … Bartlett deliberately excluded material facts from her affidavit, and therefore the court's finding is not clearly erroneous. 2.

In Re Dependency of TLG

108 P.3d 156 · Court of Appeals of Washington · Mar 7, 2005

Yet, after the dependency was established, mental health services were withheld pending the evaluations. … (f) That continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home.

In Re Dependency of AM

22 P.3d 828 · Court of Appeals of Washington · May 7, 2001

Applebee to contact the DSHS to establish an appropriate plan, including visitation. Ms. Alexander remained in contact with the Tribe, with Ms. … (f) No termination of parental rights may be ordered in such proceeding in the absence of a determination supported by evidence beyond a reasonable doubt, including testimony of qualified expert witnesses, that the continued

Douglas Merino, Et Ux v. State Of Washington

Court of Appeals of Washington · Mar 11, 2014

Because of the remedial purpose of such statutes a forfeiture or waiver of [ disability] pension rights should be found only where clearly intended by the parties. "' Newlun, 53 Wn. … In establishing these procedures, the legislature limited the WSP chief' s disability review to " medical history, reports, doctors' analyses and the like" when removing an officer from disability status.

Daniel Duffus v. City Of Seattle

Court of Appeals of Washington · Feb 23, 2015

Duffus asserts that because the 1904 deed established the west half of the residential lot as a separate building site, the decision is a clearly erroneous application of the law to the undisputed facts. … App. at 673-74.6 We affirmed denial ofa writ of mandamus because the deeds did not "clearly establish ]" or "demonstrate whether either conveyance was made for the express purpose of establishing a 'separate building site

State v. Pavlik

165 Wash. App. 645 · Court of Appeals of Washington · Dec 22, 2011

The trial court ruled that his cooperation could be established without use of the statements. … Pavlik clearly has established an abuse of discretion, which is his burden in this *656 appeal.

SEATTLE PRO. ENG. EMP. ASS'N v. Boeing Co.

963 P.2d 204 · Court of Appeals of Washington · Oct 6, 1998

,..., yield to what the legislature has established as the law." … Thus, the qualified employees should have been compensated for the time spent at orientation at the agreed-upon rate as contained in their employment agreement because orientation was work and the qualified plaintiffs were

Taylor v. Enumclaw School District No. 216

132 Wash. App. 688 · Court of Appeals of Washington · May 1, 2006

Lopez have not extended its holding to each component of the educational process. 19 Although participation in extracurricular activities, including sports, clearly supplements and enriches a student’s educational experience … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

McLanahan v. FARMERS INSURANCE

66 Wash. App. 36 · Court of Appeals of Washington · Jun 9, 1992

McLanahan's attorney responded, stating coverage had been admitted by Farmers; the claim had been pending since February (correct date, March); Farmers had received an estimate from the only qualified mechanic in the Northwest … However, the evidence clearly established the insured attempted to comply with policy provisions and Farmers had over 6 months to have the damage evaluated.

Thurston County v. Cooper Point Ass'n

108 Wash. App. 429 · Court of Appeals of Washington · Sep 14, 2001

Thus, the County has not established that the proposed sewer line extension is “necessary.” … Laying a four-inch sewer pipe qualifies as an “urban governmental service,” which the GMA defines as “specifically including storm and sanitary sewer systems.” RCW 36.70A.030G9).

State Of Washington, V. Karen K. Peterson

Court of Appeals of Washington · Aug 4, 2025

Since Peterson was never convicted, she does not qualify for vacatur under RCW 9.94A.640. See Hawkins, 200 Wn.2d at 489-90. … It issued an order that clearly exceeded its authority under the rule, Blake, and the vacatur statute.

Horn v. Moberg

68 Wash. App. 551 · Court of Appeals of Washington · Feb 1, 1993

The Homs' decision to dismiss their claim against Maytag was clearly an exercise of independent business judgment. Mr. … The record in this case fails to establish legal causation between the alleged negligence of Moberg and the damages sustained by the Homs. It follows that proximate cause has not been established as a matter of law.

State v. Hayes

81 Wash. App. 425 · Court of Appeals of Washington · Apr 29, 1996

To hold as a matter of law that generic testimony is always insufficient to sustain a conviction of a resident child molester risks unfairly immunizing from prosecution those offenders who subject young victims to multiple … Her further testimony that these acts occurred during the period between 1990 and 1992 is sufficient to establish the third prong.