Case law

Kittitas County v. Vern Thompson

Court of Appeals of Washington · Dec 17, 2013

Thompson's claimed status as a hobby collector does not make his property immune from being declared a junkyard because of the course of time that the unlicensed and inoperable vehicles were on the property. … Thompson did not establish their expertise. Again, no due process violation occurred. Last, Mr.

Cody Holmes, V. Clallam County Public Utility District No 1

Court of Appeals of Washington · May 29, 2024

In June, a physician noted that Holmes’ “pain level clearly precludes him from returning to any meaningful work until he finds a solution. He is clearly not able to return to his job of injury at this point.” … In June 2020, a physician noted that Holmes’ “pain level clearly precludes him from returning to any meaningful work until he finds a solution. He is clearly not able to return to his job of injury at this point.”

Colbert v. Moomba Sports, Inc.

135 P.3d 485 · Court of Appeals of Washington · May 16, 2006

SC counters that Colbert does not qualify as a "foreseeable" NIED plaintiff because (1) he did not witness his daughter suffer or drown; (2) he had been watching fruitless search efforts for two to three hours before he learned … was substantially changed in time and place from where Denise originally had drowned in the lake hours earlier. ¶ 24 Almost any of these undisputed facts alone would defeat Colbert's claim for NIED; taken together, they clearly

State v. Lough

70 Wash. App. 302 · Court of Appeals of Washington · May 3, 1993

He does not contend that the sentence is clearly excessive. [13, 14] The trial court's findings regarding the presence of aggravating factors are factual determinations which will be upheld unless clearly erroneous. … Under this definition, it is obvious the two rapes here do not qualify as links in a chain forming a common design, scheme or plan.

Butcher v. Garrett-Enumclaw Co.

20 Wash. App. 361 · Court of Appeals of Washington · Jun 8, 1978

Although the Ecologizer was a new and unique machine it was being operated within the framework of an old and established business. … Plaintiffs testimony alone was sufficient to eliminate speculativeness and qualified plaintiff's case to go to the jury for proper weighting.

Mower v. King County

130 Wash. App. 707 · Court of Appeals of Washington · Nov 28, 2005

obtaining a clearing and grading permit from the [DDES] director.” 5 Mower does not dispute that his placement of 2,000 cubic yards of fill constitutes grading activity that normally requires a permit, but argues that he qualifies … The record established that Mower failed to maintain erosion control measures when the fill was placed, specifically noting that the fabric silt fencing was breached by being torn, knocked over, or not maintained after the

Timothy Nelson, V Department Of L&i State Of Wa

Court of Appeals of Washington · Mar 7, 2017

In order to qualify as a “rule” under the APA, two elements must be satisfied. Id. at 726. … Second, the Department’s order did not establish, alter, or revoke any qualification or requirement relating to the enjoyment of benefits or privileges conferred by law.

SS v. Alexander

143 Wash. App. 75 · Court of Appeals of Washington · Feb 11, 2008

On the other hand, Ombudsman Price-Spratlen and Title IX Coordinator Remick clearly are "appropriate persons." … The effects of discrimination upon those in the protected class was clearly of concern to the 1972 Congress. Congress clearly desired to eliminate or minimize those effects.

State Of Washington v. Tommy Lee Cook Sr.

Court of Appeals of Washington · Apr 13, 2021

Cook first argues that the State failed to establish that Matthews was a material witness. We disagree. … The burden of establishing materiality “has been described as establishing a colorable need for the person to be summoned.” State v. Smith, 101 Wn.2d 36, 41-42, 677 P.2d 100 (1984).

Donald Canfield v. Michelle Clark

196 Wash. App. 191 · Court of Appeals of Washington · Aug 22, 2016

"Where a defamation is actionable per se, and neither truth nor privilege is established as a defense, the defamed person is entitled to substantial damages Special Verdict Form, Question No. … So I believe both of the statements made clearly fall under defamation per se, and that's the way that you should treat the evidence in this case.

Stephen Pitell v. Evergreen Health

Court of Appeals of Washington · Aug 13, 2018

At the time, he was uninsured and did not qualify for Medicare No. 76720-8-1/2 or Medicaid. … It includes over 16,000 line items that establish the standard charge for each service.

Lynda Schlosser v. Bethel School District

Court of Appeals of Washington · Aug 26, 2014

quoting former RCW 28A. 58. 480( 5) ( 1976) A factual determination is clearly erroneous if it is not supported by substantial evidence in the record. State v. … The District argues that the evidence from several educators consistently showed that Schlosser was not qualified and that the Superindendent properly decided against renewing her teaching contract.

State v. Johnson

132 P.3d 737 · Court of Appeals of Washington · Apr 18, 2006

. ¶ 15 The State's evidence established that the Simcoes' garage is permanent and immobile, covers a space of land, is roofed, and serves as a storehouse or other useful structure. … RCW 9A.04.110(5). [10] ¶ 17 Whether or not the garage falls within the "ordinary meaning" of what is a building, it is clearly a "structure" used for the "deposit of goods."

State Of Washington v. Peter Rodriquez

Court of Appeals of Washington · Jun 1, 2015

The second definition more clearly communicates the reality that, in the strangulation context, a person's breathing or blood flow is obstructed in degrees, not discrete intervals. … Evidence adduced at trial established that Rodriquez grabbed Hendon by the throat and forcefully squeezed it.

Tatham v. Rogers

170 Wash. App. 76 · Court of Appeals of Washington · Aug 14, 2012

The court observed, “[W]e do not say that the more vicious the attack on the judge the less qualified he is to act. A judge cannot be driven out of a cas e” Id. at 463-64 . … As noted earlier, they would even more clearly require disclosure under the current version of the CJC. See supra note 5.

Borton & Sons, Inc. v. Burbank Properties, LLC

444 P.3d 1201 · Court of Appeals of Washington · Jul 16, 2019

Here, Burbank has failed to establish that equitable relief is warranted because it has failed to establish that the forfeiture would be inequitable. 2 No. 36189-6-III … It is, therefore, reasonable to require the party seeking equity to first establish that an inequity has occurred or will occur.

State Of Washington, Resp-cross v. Danny Giles, App-cross

196 Wash. App. 745 · Court of Appeals of Washington · Nov 28, 2016

the court cited to the "general rule" of other jurisdictions, requiring that "[bjefore such testimony can be received, there must be such proof of connection with the crime, such a train offacts or circumstances as tend clearly … This expert is not qualified to testify as to what Aimee Rogers and Barbara Leal testified to. They can testify to what their reports indicate, not this witness.

State v. Paul Bunyan Rifle & Sportsman's Club, Inc.

132 Wash. App. 85 · Court of Appeals of Washington · Mar 14, 2006

Statute ¶15 Our legislature has not specified an appraisal method for establishing just compensation to a property owner whose land the government seeks to condemn for public use. … The two approaches are distinct, although appellate opinions do not always clearly distinguish between them.

In Re The Welfare Of T.a.w.

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. … No termination of parental rights may be ordered.in such " proceeding in the absence of a detennination, supported by evidence beyond a reasonable doubt, including testimony of qualified

State v. Leuluaialii

118 Wash. App. 780 · Court of Appeals of Washington · Oct 13, 2003

However, as to technique, we believe the arguments about human DNA are better focused by reference to ER 702 and its two-part test: (1) does the witness qualify as an expert and (2) will the testimony be helpful to the jury … The evidence here clearly involved novel scientific theory: the forensic identification with high statistical probabilities of a specific dog through analysis of canine DNA.