Case law

Alpine Lakes Protection Society v. Department of Natural Resources

102 Wash. App. 1 · Court of Appeals of Washington · Jul 12, 1999

Standard of Review Threshold decisions that an EIS is not required generally are reviewed under the “clearly erroneous” standard. King County v. … Under the act, only certain “qualified” parties are eligible for fees but there is no dispute that ALPS is a qualified party.

Lakeside Industries v. Thurston County

119 Wash. App. 886 · Court of Appeals of Washington · Jan 13, 2004

Rather the plan, together with the zoning code, specifically allows asphalt production if the project qualifies for a special use permit. III. … The language in Lutheran Day Care is clearly dicta. The Supreme Court did not decide that hearing examiners could be liable for denying a land use permit.

In Re Welfare of LNB-L.

237 P.3d 944 · Court of Appeals of Washington · Aug 3, 2010

Health Services failed to establish several elements of RCW 13.34.180(1) [3] and ICWA. … One case clearly does not support KL's assertion, stating, "[w]e do not hold that an expert ICWA witness qualified under subpart three of the Guidelines must be fluent in the cultural standards of a particular Indian tribe

Fisher v. State Ex Rel. Dept. of Health

106 P.3d 836 · Court of Appeals of Washington · Feb 15, 2005

Fisher could not establish the intent element. … The plaintiff must establish actual severe emotional distress. Reid, 136 Wash.2d at 202 , 961 P.2d 333 . Ms.

Sutherland v. Southcenter Shopping Center, Inc.

3 Wash. App. 833 · Court of Appeals of Washington · Dec 18, 1970

The balance of the process requiring the obtaining of signatures and qualifying the signer involves nonspeech elements. … Ct. 1601 (1968), inasmuch as they establish the framework within which the issues presented in this case must be decided.

Citoli v. City of Seattle

115 Wash. App. 459 · Court of Appeals of Washington · Nov 25, 2002

The record indisputably establishes that police had valid safety concerns at the time utilities were terminated. … Furthermore, Mayor Schell and Chief Stamper are entitled to qualified immunity unless Citoli (1) identifies the right violated, (2) shows that the officials should have known the constitutional parameters of the violation

Guild v. Saint Martin's College

64 Wash. App. 491 · Court of Appeals of Washington · Mar 2, 1992

Clearly, there is no tort liability. The other wrongful discharge theory that the Guilds make reference to in their brief and in argument is breach of contract. They cite Thompson v. St. … Martin's was contractually bound, through contract, to employ only an academically qualified person as dean, and that PerrienWoods was not qualified for that position, the breach of that provision in the contract does not

Franklin County Sheriff's Office v. Sellers

27 Wash. App. 797 · Court of Appeals of Washington · Dec 26, 1980

It was his view that if the only qualified applicant was a woman, only temporary arrangements should be made and the position should be left open until a qualified male became available. … I note that under our state statute or regulations, no immunity from liability exists.

State v. Hults

9 Wash. App. 297 · Court of Appeals of Washington · Jul 13, 1973

Most clearly, it can be said that he had dominion and control over the upstairs bedroom. … Measured by the test of admissibility set forth above, we find no reason for refusing to admit the conclusions of a properly qualified expert as to the identity of the person whose fingers match the latent prints lifted from

State v. Leek

26 Wash. App. 651 · Court of Appeals of Washington · Jul 3, 1980

They contend that there was insufficient evidence to establish that a "profit" was *653 realized in their respective transactions. … No evidence was presented to establish the value of the heroin at the time of the respective transactions.

In Re Custody of Afj

260 P.3d 889 · Court of Appeals of Washington · May 16, 2011

foster parents from qualifying as de facto parents. … One social worker noted that A.F.J. had "clearly developed a primary attachment to [Franklin] as his parent."

Hostetler v. Ward

41 Wash. App. 343 · Court of Appeals of Washington · Aug 28, 1985

When legislation clearly manifests the intent to impose a duty, the breach of which may result in civil liability, that legislation establishes the standard of conduct required in a particular situation. … Seattle, supra (distinguishing public nuisances per se from nuisances per accidens, and holding that the latter "are clearly negligence actions," giving rise to former defense of governmental immunity).

State v. Strong

56 Wash. App. 715 · Court of Appeals of Washington · Jan 24, 1990

Where there is a well established rule implying the requisite mental state as an element of the crime, its omission from the information is of no significance. See State v. Bower, 28 Wn. … It followed the language of the statute and it clearly notified Strong that he was accused of taking personal property from Adrian Richards by force or threat.

City of Sunnyside v. Lopez

50 Wash. App. 786 · Court of Appeals of Washington · Mar 17, 1988

Ct. 276 (1946), on the nature of the property involved is an alternate way of establishing state action. See 1 C. Antieau, Modern Constitutional Law § 8:6 (Supp. 1987); L. … Clearly, Alderwood was concerned with private conflicts. This is not such a case.

Hon. Kelli Linville, Res. v. State Of Wa. Dept. Of Retirement Systems, App.

452 P.3d 1269 · Court of Appeals of Washington · Dec 2, 2019

Having established that Linville does not qualify for an exception to the estoppel statute, we are left to apply that statute as it is written. … Someone who “becomes a member” at any time after a specified cutoff date (here July 1, 1988) clearly falls within the purview of WAC 415-113-041(1). There is no conflict with the statute.

Colwell v. Holy Family Hospital

104 Wash. App. 606 · Court of Appeals of Washington · Jan 4, 2001

Gulf R.R., 910 F.2d 1284 (5th Cir. 1990) (clinical psychologist not qualified to testify on alleged link between employee’s job-related stress and worsening of heart condition); Freemon v. … Based on the record, a continuance was never clearly requested; therefore, the trial court could not err.

Said Farzad v. State Of Wa, Dept. Of Health-med. Quality Assurance

Court of Appeals of Washington · Sep 24, 2019

Specifically, MQAC found, the ongoing “inability to practice with reasonable skill and safety” issue in this case can be seen in regular conversation with the Respondent and was clearly apparent to the … However, these well-established legal principles are unrelated to the specific issues regarding immunity that were decided on summary judgment.

Owens v. Harrison

120 Wash. App. 909 · Court of Appeals of Washington · Apr 5, 2004

In Falkner, we clearly held that a criminal malpractice plaintiff must demonstrate innocence 9 on a public policy basis entirely unrelated to collateral estoppel. … Because Owens fails to allege or establish his innocence, the trial court properly granted summary judgment. II.

State v. Quinn

43 Wash. App. 696 · Court of Appeals of Washington · Jan 14, 1986

He contends all the billing was done by the office manager, bookkeeper, and their other employees who, after a grant of immunity, testified to those practices. There is no direct evidence Dr. … The evidence clearly suggests Dr. Quinn had knowledge of, and legal accountability for, the overall plan or scheme which was composed of the individual billings. Nye & Nissen v. United States, 336 U.S. 613 , 93 L.

Young v. State

120 Wash. App. 753 · Court of Appeals of Washington · Mar 22, 2004

Rather, he presumes Young was an SVP in 1991 and clearly states in his report that Young no longer meets that definition because of his advanced age. … Barbaree’s opinion is not enough to establish probable cause.