Case law

Cotton v. City of Elma

100 Wash. App. 685 · Court of Appeals of Washington · Apr 21, 2000

The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter. … Clearly the City Council was deciding whether to confirm Cotton on a temporary basis.

Cascade Floral Products, Inc. v. Department of Labor & Industries

142 Wash. App. 613 · Court of Appeals of Washington · Jan 15, 2008

Moving for summary judgment, the Companies argued that brush picking is not an “agricultural activity,” nor does it qualify as “forestation or reforestation” under the Act. … The ejusdem generis rule applies where lists of both general and specific terms are clearly associated in a sentence. Sw. Wash. Chapter, Nat’l. Elec. Contractors Ass’n, 100 Wn.2d at 116-17 .

R.B. v. C.W.

188 Wash. App. 799 · Court of Appeals of Washington · Jul 7, 2015

Because CW is TAW’s biological parent, he clearly had standing and a statutory right to participate in the termination proceedings and this appeal. … shall apply.” 25 U.S.C. § 1912 (f) states, “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

Matter of Marriage of Kovacs

67 Wash. App. 727 · Court of Appeals of Washington · Nov 17, 1992

Gort affirmatively stated the children "are very clearly attached and bonded to their mother". … Generally, a trial court does not abuse its discretion by relying on the views of a qualified expert witness. See George v. Helliar, 62 Wn.

Woodinville Water Dist. v. King County

21 P.3d 309 · 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

Low Income Housing Institute v. City of Lakewood

77 P.3d 653 · Court of Appeals of Washington · Oct 14, 2003

whether the record before the Board and its findings establish that the Board decided whether Lakewood's Plan is consistent with Pierce County's CPP. … consider both goals and the specific requirements in determining whether a plan complies with the GMA: The board shall find compliance [with GMA] unless it determines that the action by the state agency, county, or city is clearly

In The Receivership Of: Applied Restoration, Inc.

Court of Appeals of Washington · Dec 4, 2023

However, when a party makes repeated conditional threats to withhold payment due under a contract, such conduct may qualify as repudiation of the contract and an anticipatory breach that justifies the other party walking … As already established, that doctrine has no bearing in this context. III.

State of Washington v. Kevin Arther Peters

455 P.3d 141 · Court of Appeals of Washington · Sep 17, 2019

This court nonetheless directed the trial court to add the qualifier “under 16” because the statutory definition might not be readily apparent to someone outside the criminal justice system. … The Supreme Court rejected his contention that “sexually explicit” was vague, finding it to mean, based on dictionary definitions, “‘clearly expressed sexual’ materials or materials that are unequivocally sexual in nature

Kim v. Moffett

234 P.3d 279 · Court of Appeals of Washington · Jun 29, 2010

But this is mere expectancy or future contingent interest and, thus, is insufficient to qualify Kim 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.

Spokane County v. GROWTH MNGMT. HEARINGS

250 P.3d 1050 · Court of Appeals of Washington · Mar 7, 2011

A hearings board does "not have jurisdiction to decide challenges to site-specific land use decisions because site-specific land use decisions do not qualify as comprehensive plans or development regulations." Woods v. … And clearly it is. The challenged action was in fact legislative; it involved an amendment to a comprehensive plan.

Rho Co. v. Department of Revenue

52 Wash. App. 196 · Court of Appeals of Washington · Aug 15, 1988

Agency findings of fact will be reviewed under the clearly erroneous standard, Hitchcock v. Department of Retirement Sys., 39 Wn. … The court stated’ *203 that the contract language by itself was insufficient to establish the existence of an agency relationship.

Kirk Williams v. Claudia Balducci, Et Ano.

Court of Appeals of Washington · Jun 19, 2017

They also maintained they were entitled to qualified immunity. In his supporting declaration, Dr. … Sanders and Balducci were also entitled to qualified immunity. -9-

PEDERSON'S FRYER FARMS v. Transamerica

83 Wash. App. 432 · Court of Appeals of Washington · Sep 6, 1996

The amount Pederson's expended for cleanup was clearly established at trial through introduction of the bills it received and paid. The amount expended to clean up the contamination was a sum certain. … Clearly, International Ins. did not overrule Olympic S.S.

BROWN EX REL. RICHARDS v. Brown

239 P.3d 602 · Court of Appeals of Washington · Oct 10, 2010

testified that sometime in 2003 or 2004, Dottie arranged for them to meet with a "representative *605 of a reverse mortgage company" [3] who "explained the whole thing about the reverse mortgage and what you had to do to qualify … And no other section clearly contains private "rights-creating" language.

State v. Boehning

111 P.3d 899 · 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 motive to lie about the abuse, he also clearly asked Boehning whether H.R. "made [it all] up." 3B RP at 219.

Scott Woodward v. Emeritus Corporation

192 Wash. App. 584 · Court of Appeals of Washington · Feb 9, 2016

Compare R-S(a) at 14 ("[a]rbitrators serving under these Rules shall be compensated at a rate established by the AAA") and Rules at 34 (Costs of Arbitration, establishing $1,SOO per day as the rate) with the AAA's Commercial … While we lack the particular criteria applied by the AAA in conducting its due I process review, the procedure that it follows is clearly set forth in the Rules.

State v. Riofta

134 Wash. App. 669 · Court of Appeals of Washington · Aug 22, 2006

RCW 10.73.170(2)(a)(i), (ii), and the first half of (iii) clearly indicate that the information to allegedly be gathered through postconviction DNA testing was unavailable at trial. … A failure to establish either element of the test defeats an ineffective assistance of counsel claim.

CKP, Inc. v. GRS Construction Co.

63 Wash. App. 601 · Court of Appeals of Washington · Dec 23, 1991

Such work qualified as extra work arising outside and independent of the contract price, which was also upheld. Manke, 27 Wn. … First, some extras (described in finding of fact 13) were the subject of executed contract modifications 1 and 3 through 7, which clearly defined price or the manner in which price would be computed.

Goehle v. Fred Hutchinson Cancer Research

1 P.3d 579 · Court of Appeals of Washington · Mar 20, 2000

The appellate court will only review a claimed error which is included in an assignment of error or clearly disclosed in the associated issue pertaining thereto. … To limit the damage award, the employer must first establish that the misconduct was of such severity that the employee would have been terminated on the *586 basis of the misconduct alone if the employer had known of it.

In re the Estate of Bussler

160 Wash. App. 449 · Court of Appeals of Washington · Mar 8, 2011

Prior to Christmas 2008 it was observed decedent established a reasonable relationship when Kathleen visited from Hayden Lake, Idaho. … We will not interfere with a trial court’s decision to award attorney fees under RCW 11.24.050 unless there are facts and circumstances that clearly show an abuse of the trial court’s discretion.