Case law

Wa Restaurant Assoc v. Wa State Liquor And Cannabis Board

Court of Appeals of Washington · Aug 26, 2019

offer a lower price to an on-premises or off-premises retailer if the retailer is required to purchase a specific portion of some or all of its wine or spirits from that distributor or supplier in order to qualify … Costco’s final argument, that the Board disregarded evidence to enact the rules, is also clearly rebutted by the record.

Nolte v. City of Olympia

96 Wash. App. 944 · Court of Appeals of Washington · Aug 20, 1999

Also according to the City, “Nolte argued, the City agreed, and the trial court held, that the UEA fails to qualify as a voluntary agreement under RCW 82.02.020.” … Y clearly has a claim for breach of contract. But does he also have a claim for equitable estoppel?

Magee v. Rite Aid

167 Wash. App. 60 · Court of Appeals of Washington · Jan 17, 2012

And what we’re trying to establish in our record is that there was a repeated physical abuse of this woman from October up until June, and then she filed a claim. … It clearly is not. When the Board exceeds its scope of review, it has committed an error of law. In re Orena Houle, BIIA Dec., 00 11628 (2001).

State v. Carlson

61 Wash. App. 865 · Court of Appeals of Washington · Jul 15, 1991

Although the trial judge's rulings on the State's motion were clearly tentative, Carlson never sought a final decision. … The material at issue is a report from Childhaven which established that as late as July 7, 1989, Z complained *879 of burning during urination.

Beal v. City of Seattle

150 Wash. App. 865 · Court of Appeals of Washington · Jun 22, 2009

And the City argues that Citizens did not communicate their request clearly enough to put the City on notice that they were requesting public records, meaning that the trial court properly decided as a matter of law that … Nothing in the evidence before the trial court establishes that Citizens put FFD on notice that they were requesting identifiable public records under the provisions of the PRA.

In re the Marriage of Ayyad

110 Wash. App. 462 · Court of Appeals of Washington · Jan 28, 2002

Here, the record reflects that the options at issue are “non-qualified” (incentive) options, which are treated as wages for federal income tax purposes when exercised and cashed in. … A party challenging the award has the burden to prove that the trial court abused its discretion by making a decision that is clearly untenable or manifestly unreasonable. In re Marriage of Mattson, 95 Wn.

Beal v. City of Seattle

209 P.3d 872 · Court of Appeals of Washington · Jun 22, 2009

And the City argues that Citizens did not communicate their request clearly enough to put the City on notice that they were requesting public records, meaning that the trial court properly decided as a matter of law that … Nothing in the evidence before the trial court establishes that Citizens put FFD on notice that they were requesting identifiable public records under the provisions of the PRA.

Alexandria Real Equities Inc. John J. Cox, Dean A. Takko, V. University Of Wa

Court of Appeals of Washington · Dec 5, 2023

The superior court’s findings of fact clearly found no relevance to the differences in the corporate forms of Wexford and LS W27. … The court held the disappointed bidder was too late to qualify for disappointed bidder standing. Id. at 572.

Donovan Allen, V State Of Washington

498 P.3d 552 · Court of Appeals of Washington · Nov 9, 2021

At trial, the claimant must then establish all of the legal elements of RCW 4.100.060(1)(a) to (e) by clear and convincing evidence. … The Washington State Legislature clearly expressed its intent that the WCPA be the exclusive remedy for wrongfully convicted persons seeking redress against the State.

McCauley v. METRO. PROPERTY AND CAS. INS.

36 P.3d 1110 · Court of Appeals of Washington · Dec 24, 2001

This is sufficient to establish a causal connection between use of the vehicle and the resulting injury. … 784 , 770 P.2d 679 (applying Transamerica and concluding that the claimant's injuries "arose from" the unloading of the vehicle despite the lack of physical contact between the truck and the claimant because the unloading clearly

State Of Washington v. R.d.m., Dob: 11/01/97

Court of Appeals of Washington · Feb 17, 2015

Rybicki was not qualified to critique the CAC interview. … Rybicki's basic qualifications were not established.

Chandler v. State, Office of Ins. Com'r

173 P.3d 275 · Court of Appeals of Washington · Nov 15, 2007

This clearly requires an applicant to disclose reported consumer unhappiness with his behavior no matter what name other states use to designate it. … In addition, Chandler's conduct clearly falls within the range of conduct proscribed by RCW 48.17.530(h).

State v. Spencer

111 Wash. App. 401 · Court of Appeals of Washington · Apr 26, 2002

The basis of his motion was that he had newly discovered evidence in the form of an affidavit from Leanne McMullen in which she qualified some of her trial testimony. … In a criminal case, a statement tending to expose the declarant to criminal liability is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.”

Doolittle v. Small Tribes of Western Washington, Inc.

94 Wash. App. 126 · Court of Appeals of Washington · Feb 12, 1999

Doolittle responded to an advertisement calling for a head bookkeeper, a position for which she was seemingly qualified by virtue of her previous experience; after she was hired she learned that her job title was actually … [the policies] established and official at any given time, purport to be fair, and are applied consistently and uniformly to each employee.

Michael Konicke, Et Ano. v. Evergreen Emergency Services, Et Ano.

Court of Appeals of Washington · Feb 8, 2021

Had the legislature intended that the protection of public safety be accomplished by the creation of civil liability for detention decisions, it likely would not have immunized such decisions in the absence of bad faith … But the provision clearly does not create a criminal offense. No degree of crime—class A felony, class B felony, class C felony, gross misdemeanor, misdemeanor—is set forth. No elements of a crime are set forth.

Miller v. Badgley

51 Wash. App. 285 · Court of Appeals of Washington · May 4, 1988

In addition, paragraph 3 of the sales agreement does not set forth clearly or with particularity the qualities and characteristics being disclaimed. … Clearly, Badgley was the "prevailing party." See RCW 4.84.330; cf. Burton v. Ascol, 105 Wn.2d 344 , 715 P.2d 110 (1986) (neither side clearly prevailed where both sides recovered similar amounts).

State v. Larson

249 P.3d 669 · Court of Appeals of Washington · Mar 15, 2011

The court in Kelley concluded cumulative punishment is clearly intended. Id. at 80, 226 P.3d 773 . … Significantly, Grier also recognizes that "[n]ot all strategies or tactics on the part of defense counsel are immune from attack." Id.

Ellingsen v. Franklin County

55 Wash. App. 532 · Court of Appeals of Washington · Sep 29, 1989

the original papers, documents, petitions, surveys, repairs and other papers, in order to have the complete history of any such road, highway, bridge, ditch or other survey: Provided, That in any county where there is no qualified … Thus, we can clearly see the contrast between the legislative purposes of the two statutes; the purpose of RCW 36.80.040 to require the maintenance of county road management and history records as opposed to the purpose of

In Re A.n.c

Court of Appeals of Washington · Nov 21, 2022

Dependency was established in June 2018 through an agreed order. … Once a termination order has been entered, “all rights, powers, privileges, immunities, duties, and obligations . . . between the child and parent shall be severed and terminated and the parent shall

In Re Martin

223 P.3d 1221 · Court of Appeals of Washington · Dec 24, 2009

Martin was discharged for qualifying misconduct. We, therefore, reverse the decision of the superior court and affirm the Commission's decision. … least ten years' experience as peace officers; and (iv) one person who is not currently *1227 a peace officer and who represents a community college or four-year college or university. ¶ 23 The plain words of the statute clearly