Case law

City of Gig Harbor v. North Pacific Design, Inc.

201 P.3d 1096 · Court of Appeals of Washington · Mar 3, 2009

We agree with North Pacific that the City's argument asks us to ignore the plain language of GHMC § 17.30.050(G), which clearly permitted developers to build at a density of up to 12 dwelling units per acre as a conditional … Goal 2.3.4, for example, provided: a) Establish a range of residential densities which would accommodate a variety of housing types and tenures.

State Of Washington, V. Derek Steven Lebeda

Court of Appeals of Washington · Feb 3, 2025

Bass moved in closer to “establish communication.” … Lamadrad is describing and explaining an event while she is perceiving it, so her comments qualify as present sense impressions.

State Of Washington, Resp. v. Leland D. Harris, App.

Court of Appeals of Washington · Jul 6, 2015

a factual basis for the court to find that the knife qualified as a deadly weapon under RCW 9.94A.825. … The certification clearly established that the crime was one of domestic violence ("Leland Dulani Harris (07-22-75) and Carmen Rae Young (10-29-84) have had a 6 year dating relationship and two children in common; 5 year

Karen Koehler And Edward Moore, Apps. v. The City Of Seattle, Res.

Court of Appeals of Washington · Dec 30, 2019

for protection under this agreement must be clearly so designated before or when the material is disclosed or produced.” … Hayes qualifies as an expert under ER 702 on the basis of experience. The trial court abused its discretion in excluding the evidence on that basis.

In the Matter of the Dependency of: E.B.

Court of Appeals of Washington · Jun 16, 2026

Pilkinton’s opinion, the sermons did not qualify as mental health therapy because they lacked individuality. Ms. … The court further concluded that the Department had established, by a preponderance of the evidence, that termination of the parent-child relationship is in E.B.’s best interest.

State Of Washington, V. Neil James Roberson

Court of Appeals of Washington · Aug 5, 2024

Thus, appellant has not established that the purported failure to administer the witness oath qualifies as a manifest error. … Roberson’s attorney clearly explained that his decision to allow the admission of exhibits regarding child pornography was in order to argue a theory of motivation to falsely accuse Roberson of the crimes alleged.9 Thus

Russell Martin v. City of Lakewood

Court of Appeals of Washington · Apr 28, 2022

However, the record in Dotson clearly established that there was no substantive relationship between the two files. … State, no Washington statute grants immunity when the government agency fails to disclose a record or produce an unexempted document.

State of Washington v. David Randall Priest

Court of Appeals of Washington · Oct 25, 2016

Restraint of Priest submit to a DNA collection unless "the Washington State Patrol crime laboratory already has a sample ... for a qualifying offense." Clerk's Papers at 28. … The Confederated Tribes of the Colville Nation is a tribe "acknowledged to have the immunities and privileges available to federally recognized Indian Tribes."

Care v. State, Dept. of Ecology

205 P.3d 950 · Court of Appeals of Washington · Apr 21, 2009

Ecology may then determine on a "case-by-case" basis whether any of the requested information qualifies as a confidential business record and is, therefore, exempt from public disclosure. [9] CP at 49. II. … Hearings Bd., 142 Wash.2d 543, 553 , 14 P.3d 133 (2000)). ¶ 17 We overturn an agency's findings of fact "only if they are clearly erroneous and we are `definitely and firmly convinced that a mistake has been made.'"

Judith Margarita Reyes v. Yakima Health District

Court of Appeals of Washington · Feb 14, 2017

This, despite the clinical presentation that clearly called for a correct diagnosis. … The burden then shifts to the plaintiff to produce an affidavit from a qualified expert witness that alleges specific facts establishing a cause of action. Guile v. Ballard Community Hospital, 70 Wn.

Hannah Hong Frelot, V. Jackson Dargie

Court of Appeals of Washington · Jun 15, 2026

DISCUSSION Frelot argues that the trial court erred when it denied her petition, as Dargie’s behavior clearly satisfied the definitions of “coercive control” and “unlawful harassment” as recognized under the civil … The commissioner recognized that the June 2024 incident could qualify, however short, as a course of conduct recognized in the “unlawful harassment” definition.

In re the Guardianship of Cornelius

181 Wash. App. 513 · Court of Appeals of Washington · Apr 17, 2014

Cornelius’s guardianship when it was first established in 1989. … Baldwin was clearly afforded due process. Ms. Cloaninger’s proposed care plan, filed on January 27, 2012 and served on Ms.

State v. Vermillion

112 Wash. App. 844 · Court of Appeals of Washington · Aug 5, 2002

Vladovic, 99 Wn.2d 413, 421 , 662 P.2d 853 (1983) (offenses merge where legislature has clearly indicated that in order to prove a particular degree of crime, e.g., first degree rape, the State must prove not only that the … Qualified experts testified that the system is regularly checked and the mobile units are regularly calibrated to ensure operational accuracy.

Sound Support, Inc. v. Dshs

Court of Appeals of Washington · Nov 19, 2013

The evidence established that DSHS' s belief was based DDD personnel' s numerous eyewitness accounts of repeated, unresolved health and safety issues for various Sound Support clients. … The evidence clearly establishes that contractual right.

State of Washington v. Joeseph Laursen

Court of Appeals of Washington · Jan 14, 2025

In doing so, the trial court considered whether Laursen’s history of childhood abuse, cognitive abilities, and mental health conditions qualified Laursen for an exceptional downward sentence. … Weighing all of these case-specific facts, the trial court concluded that the evidence did “not establish by a preponderance of the evidence that . . .

Trina Lyons, V. Dshs

Court of Appeals of Washington · Apr 9, 2024

We hold that Lyons failed to establish that her claims were based on a written contract under RCW 4.16.040(1). … There was roughly four years and, slightly more than, seven months between accrual and filing—clearly exceeding the three-year statute of limitations under RCW 4.16.080(3).

Penny Arneson, V. Gary Nordlund

Court of Appeals of Washington · Jul 25, 2022

Because the Trust does not establish an entitlement to relief, we affirm. … The Trust was established in 2006, with Penny Arneson and her then- husband, Kenneth Sweet, as co-trustees.

Belenski v. Jefferson County

187 Wash. App. 724 · Court of Appeals of Washington · May 19, 2015

The record establishes that the County never reviewed the IALs or used them for any governmental function. … The burden is on the agency to establish that an exemption applies.

State Of Washington v. Joseph William Davenport

Court of Appeals of Washington · Sep 4, 2018

Practical experience is sufficient to qualify a witness as an expert. Id. at 765. … Based on his practical experience, Garske was qualified to testify as an expert on the relationship between prostitutes and pimps.

Laurie Jean Gudnason, V. Helgi Gudnason

Court of Appeals of Washington · Oct 16, 2023

A The superior court concluded the 2011 QDRO did not reflect the parties’ intent as established in the separation contract. … The DRO is that instrument, and it clearly states that Lauri should be treated as the surviving spouse of his death benefits. Our analysis should end there.