Case law

State v. Trask

957 P.2d 781 · Court of Appeals of Washington · Aug 21, 1998

The value of the land was established at a jury trial. … The relocation benefits statute, RCW 8.26.035, clearly contemplates reimbursement instead of, or at least as an alternative to, advancement.

Greene v. Young

113 Wash. App. 746 · Court of Appeals of Washington · Sep 30, 2002

McMahon that clearly answers the question of whether one seeking damages for emotional distress need witness the accident: A bright-line rule that limits recovery for emotional distress to those who witnessed the accident … most favorable to the insured applies. 12 “An ambiguity exists only ‘if the language on its face is fairly susceptible to two different but reasonable interpretations.’ ” 13 The policy states that in order for Mitchell to qualify

In Re Marriage of Fahey

262 P.3d 128 · Court of Appeals of Washington · Sep 20, 2011

He did not qualify for Social Security disability, and he was able to continue working. … Yet, the legislature has clearly stated its goal of maintaining residential continuity in the children's lives.

Richards v. Overlake Hospital Medical Center

59 Wash. App. 266 · Court of Appeals of Washington · Sep 17, 1990

In fact we agree with the conclusion that misconduct has not been established. … Clearly, however, it would be prejudicial misconduct for a lawyer to emphasize his or her professional expertise and then to cite specific examples in an effort to influence other jurors.

Weyerhaeuser v. Pierce County

95 Wash. App. 883 · Court of Appeals of Washington · May 28, 1999

The issue in Beach was whether a verbatim record of proceedings was required to establish an adequate record for review. … The court, however, qualified its holding, noting that not all conceivable uses allowed by the laws in effect at the time of application vested, but only those “specific use[s]” disclosed in the application.

Richard Wilkinson v. Washington Medical Commission

Court of Appeals of Washington · Sep 16, 2025

The Respondent has clearly violated commonly accepted standards of honesty. … Wilkinson’s favor even if the blog qualifies as the practice of medicine.

Hansen v. Friend

59 Wash. App. 236 · Court of Appeals of Washington · Sep 17, 1990

In imposing that liability, the Callan court held that in enacting the state liquor act, RCW Title 66, the Legislature "established [minors] as a protected class". … The statute clearly prohibits giving or supplying liquor to minors.

State v. Colquitt

137 P.3d 892 · Court of Appeals of Washington · Jun 29, 2006

By contrast, for a defendant to qualify for a deferred conviction in district court, he is required by statute not only to stipulate to the admissibility of police reports, but also to the sufficiency of the facts contained … It was for the trial court, not us, to weigh the sufficiency of the uncontroverted evidence. [12] Here, the trial court performed its job—it clearly weighed the uncontroverted evidence and found it sufficient proof beyond

State of Washington v. Jose G. Barboza-Cortes

425 P.3d 856 · Court of Appeals of Washington · Aug 30, 2018

Conclusory generalizations about criminal activity are inadequate to establish probable cause. Thein, 138 Wn.2d at 147-48. … He expressly eschewed reliance on the financial information prong of the statute because the information on the fraudulent check clearly was false.

In Re The Adoption Of T.a.w.

Court of Appeals of Washington · Nov 22, 2019

They also assert that they clearly showed that active efforts were made to facilitate visitation to the extent possible. … Both ICWA and WICWA require that before a court can involuntarily terminate the parental rights of a parent of an Indian child, the petitioning party must provide “testimony of a qualified expert witness” establishing beyond

Evergreen Moneysource Mortgage Co. v. Shannon

167 Wash. App. 242 · Court of Appeals of Washington · Feb 16, 2012

To establish a claim under the CPA, Evergreen must demonstrate that the alleged misconduct impacted public interest. ¶62 “The [first] two elements may be established by a showing that (1) an act or practice which has a capacity … The public interest element of the Hangman Ridge test may be established in one of two different ways. Id. at 789 .

KS Tacoma Holdings, LLC v. Shorelines Hearings Board

166 Wash. App. 117 · Court of Appeals of Washington · Jan 24, 2012

To qualify as an “aggrieved” person for purposes of establishing its standing under the SMA, KS Tacoma must put forth factual allegations demonstrating the following conditions: (1) The agency action has prejudiced or is … feasible consistent with the overall best interest of the state and the people generally. ¶18 RCW 90.58.020’s hierarchy of land use preferences and stated policy of protecting the public’s enjoyment of our State’s shorelines clearly

Swanson Hay Company v. Employment Security Department

Court of Appeals of Washington · Oct 31, 2017

Dep 't not meet their burden of demonstrating that the owner-operators' services qualify for the narrow exemption from unemployment insurance tax liability for payments to sufficiently independent enterprises. … It rejected states~ arguments that their laws of general applicability were immune from preemption.

State Of Washington, Resp. v. Daniel J. Perez, App.

Court of Appeals of Washington · Nov 3, 2014

This does qualify as a startling event and that the injuries are a startling condition. … The record establishes not only a medical emergency but also concerns for the safety of other inmates and corrections officers. See Bryant. 131 S.

Belleau Woods II, LLC v. City of Bellingham

150 Wash. App. 228 · Court of Appeals of Washington · May 26, 2009

Credit for the dedication of land shall be valued at fair market value established by private appraisers acceptable to the City. … language of the ordinance does not require such an interpretation. ¶18 The hearing examiner ended by ruling that park “impact fees for the subject development shall be paid in accordance with BMC Chapter 19.04, with credit for qualifying

Zipporah Maina, V . State Of Washington, Dshs

Court of Appeals of Washington · Jun 13, 2023

Assuming without deciding that Linden Grove is a long-term care facility, RCW 70.129.140(2) does not immunize Maina from a finding of neglect. … The EAJA authorizes an award of attorney fees to “a qualified party that prevails in a judicial review of an agency action . . . unless the court finds that the agency action was substantially justified or that circumstances

Doe v. Spokane & Inland Empire Blood Bank

55 Wash. App. 106 · Court of Appeals of Washington · Oct 11, 1989

Doe is a hemophiliac who contracted the acquired immune deficiency syndrome (AIDS) as a result of using blood products contaminated with the human immunodeficiency virus. … that respondent lacked standing to bring this action, establish why respondent's action was not warranted by law.

Guimont v. City of Seattle

77 Wash. App. 74 · Court of Appeals of Washington · Feb 27, 1995

If the owner is unable to establish a taking under this analysis, we proceed to the due process analysis. … As noted above, this interest is clearly legitimate. To further this interest, it passed the Ordinance in an effort to preserve increasingly scarce mobile home lots.

Quadrant Corp. v. American States Ins. Co.

76 P.3d 773 · Court of Appeals of Washington · Sep 22, 2003

The Washington Supreme Court's decision in Kent Farms allowing coverage despite the pollution exclusion establishes that the Insureds' argument is incorrect. … These clauses were clearly intended to exculpate insurance companies from liability for massive environmental cleanups required by CERCLA and similar legislation.

Teri Collier, V. Wa State Dept Of Health Nursing Comm.

Court of Appeals of Washington · Jan 22, 2024

They assert that prior rulings applied to all the issues under the theory of collateral estoppel, that Collier has not sufficiently pled the elements of her claims, and that quasi-judicial immunity and statutory immunity … The record also establishes that the administrative hearing was a sufficient forum to litigate the issue and Collier presents no argument otherwise.