Case law

State Of Washington v. Margie L. Derenoff

Court of Appeals of Washington · Jul 15, 2014

Here, the first Mathews factor, regarding Derenoff' s private interests, clearly weighs in Derenoff s favor because forced hospitalization deprives her of significant liberty interests. Addington, 441 U. S. … In re Fair, 167 Wn.2d at 362. " When confronted with revocation of a qualified or conditional liberty, the United States Supreme Court has indicated that limited Fourteenth Amendment due process guaranties

ACLU of Washington v. City of Seattle

89 P.3d 295 · Court of Appeals of Washington · May 3, 2004

on which a decision is based.[ [6] ] An appellate court reviews de novo a trial court's decision about whether documents or records fall under an exemption to the Act. [7] We must determine in this case whether the lists qualify … We also conclude that the City has established that disclosure would be injurious to the deliberative or consultative function and inhibit the negotiation process.

King County, V. Friends Of Sammamish Valley

Court of Appeals of Washington · Jun 12, 2023

The Board’s deference to an agency’s action under the GMA ends when it is shown that the action is clearly erroneous. Id. … However, 29 of these parcels are equal to or greater than 4.5 acres and already qualified for WBD uses under preexisting code without any of the new restrictions Ordinance 19030 imposes.

King County v. Washington State Board of Tax Appeals

28 Wash. App. 230 · Court of Appeals of Washington · Jan 19, 1981

The Thurston County Superior Court made no specific findings on this issue, but also concluded that the plaintiffs lacked standing to qualify for statutory certiorari. … A superior court, in deciding whether to grant review, looks initially to the petitioner's allegations to determine whether, if true, they clearly demonstrate such a violation. State ex rel. Hood v.

Roberson v. Perez

123 Wash. App. 320 · Court of Appeals of Washington · Aug 3, 2004

We also very clearly requested any internal documents relevant to an investigation of [Detective] Perez.” CP at 1451 (emphasis added). Mr. … The plaintiffs’ discovery requests that are the subject of the sanction were clearly addressed to the city of Wenatchee alone.

State v. Pleasant

21 Wash. App. 177 · Court of Appeals of Washington · Aug 22, 1978

Young, supra, clearly establishes precisely what an offer of proof must contain before the rule against admissibility of polygraph results will be reexamined. … Any relevant conclusions which are supported by a qualified expert witness should be received unless there are other reasons for exclusion.

Dillard v. Washington Public Employees' Retirement System

23 Wash. App. 461 · Court of Appeals of Washington · Jun 6, 1979

Dillard's total incapacity arose from "the tension and strain placed upon her by her work over a period of years” and not as the natural and proximate result of an accident, "clearly erroneous in view of the entire record … Rohila's nonmedical testimony is both competent to establish and did in fact establish a causal connection between some traumatic incidents and Mrs.

Edelman v. STATE EX REL. PUBLIC DISCLOSURE COM'N

68 P.3d 296 · Court of Appeals of Washington · May 13, 2003

One of the initiative's primary purposes was to establish campaign contribution limits and to reduce the influence of large organizational contributors. … When read together with its related statutory subsections, [4] RCW 42.17.660(2) clearly provides that where any sub-unit of a corporation or labor union makes a political campaign contribution, this contribution is considered

Freestone Capital Partners, LP v. MKA Real Estate Opportunity Fund I, LLC

155 Wash. App. 643 · Court of Appeals of Washington · Apr 26, 2010

They include Freestone Low Volatility Qualified Partners LP, Freestone Capital Qualified Partners LP, Freestone Low Volatility Partners LP, and Freestone Capital Partners LP (collectively Freestone). … on the same underlying allegations that we discussed with respect to subject matter jurisdiction. ¶92 A court will give words in a contract their ordinary, usual, and popular meaning unless the entirety of the agreement clearly

REC Solar Grade Silicon, LLC v. Department of Revenue

Court of Appeals of Washington · Dec 11, 2025

In PeaceHealth, the statute had a short parallel list followed by a clearly placed qualifier that naturally and grammatically applied to each item. … Nor does the statute establish “direct contact” as a baseline or background principle of semiconductor manufacturing.

National Electrical Contractors Ass'n v. Employment Security Department

109 Wash. App. 213 · Court of Appeals of Washington · Nov 19, 2001

First, appellants concede that the former employers, who are all NECA members, “would clearly have standing... as the entity impacted by the incorrect payment of benefits to its former employees.” … We agree with the Commissioner that mere suspicion is insufficient to establish interested party status.

Woodinville Water District v. King County

105 Wash. App. 897 · Court of Appeals of Washington · Apr 16, 2001

The examiner reversed the grant of the conditional use permit, concluding that the District’s existing facilities and operations did not qualify as legally established nonconforming uses. … That court reversed the hearing examiner’s decision, concluding that the District’s existing operation became established as a legal nonconforming use under zoning regulations in effect at the time that the conditional use

Jacquins v. Department of Social & Health Services

69 Wash. App. 21 · Court of Appeals of Washington · Mar 11, 1993

He concluded that RCW 74.12.330 only applies to children who have already qualified for AFDC grants. … However, Eddie and Adela clearly fall within the provisions of RCW 74.12.330. All their relatives are unavailable or refuse custody. They are in the legal custody of Mrs.

Kim v. Moffett

156 Wash. App. 689 · Court of Appeals of Washington · Jun 29, 2010

But this is mere expectancy or future contingent interest and, thus, is insufficient to qualify Rim as a real party in interest. … Although those minutes list the Strykowski Limited Partnership along with Kim as the “applicant/owner,” Kim is clearly referred to in the minutes as the “owner” of the property.

Stahl v. Delicor of Puget Sound, Inc.

109 Wash. App. 98 · Court of Appeals of Washington · Nov 13, 2001

Servomation-Ajax Co. 8 for the proposition that vending machine companies cannot qualify as retail establishments. … Further, unlike the Washington Legislature, Congress has not clearly indicated its intent in enacting § 207(i).

State v. Boehning

127 Wash. App. 511 · Court of Appeals of Washington · May 17, 2005

Boehning objected to Detective Holladay’s testimony on the grounds that Detective Holladay was not qualified to proffer expert testimony about delayed disclosure; the court overruled the objection. ¶14 Boehning testified … Here, the prosecutor went beyond clarifying whether H.R. had a *525 motive to lie about the abuse, he also clearly asked Boehning whether H.R. “made [it all] up.” 3B RP at 219.

State v. Guizzotti

60 Wash. App. 289 · Court of Appeals of Washington · Jan 17, 1991

The trial court admitted the tape, over Guizzotti's objection, concluding that it qualified under the excited utterance exception to the hearsay rule, ER 803(a)(2). The tape was thereafter played for the jury. … Rights conferred by the sixth amendment to the United States Constitution require that a criminal defendant be permitted to adequately cross-examine an essential state witness as to relevant matters which tend to establish

State v. Nava

177 Wash. App. 272 · Court of Appeals of Washington · Oct 22, 2013

Now, that affects whether or not she has — she’s telling us now that it may affect her ability to have all the events clearly laid out. … Both women sometimes characterized themselves as having been truthful, and neither ever clearly recanted what they had said.

Messer v. Department of Labor & Industries

77 P.3d 1184 · Court of Appeals of Washington · Oct 7, 2003

At the hearing, the Department provided testimony establishing that Table C is based upon the Department's actual experience with mortality rates of injured workers in Washington. … The Auman court clearly held that a claimant is not "entitled" to COLA increases on a portion of the OAR amount that must be deducted. Auman, 110 Wash.2d at 920 , 756 P.2d 1311 .

State v. Waters

93 Wash. App. 969 · Court of Appeals of Washington · Feb 11, 1999

Waters to 24 months, an exceptional sentence, on the ground the standard range was clearly too lenient in light of Mr. Waters’ extensive unscored misdemeanor history. … DISCUSSION Affidavit of Prejudice Any party may establish prejudice by motion, supported by affidavit, that the judge before whom an action is pending is prejudiced.