Case law

Enrico v. Overson

19 Wash. App. 483 · Court of Appeals of Washington · Mar 13, 1978

Appellant made internal markings and changed the plans to the extent that they needed redrafting in order to qualify for a building permit. … The law on this subject is clearly stated, in the case of Hitchcock v.

Cordall v. STATE EX REL. DVA AND SHS

96 Wash. App. 415 · Court of Appeals of Washington · Jul 9, 1999

Cordall’s veterans were qualified to receive Medicaid. … Once an institutionalized veteran qualifies for Medicaid, the state Medicaid program pays for the cost of institutional care and the patient is required to contribute any qualifying income to that cost.

Lisa Steel v. Olympia Early Learning Center

195 Wash. App. 811 · Court of Appeals of Washington · Jul 26, 2016

The Hearn court found that defendants impliedly waived attorney-client privilege where they raised a qualified immunity affirmative defense to a civil rights violations claim that they acted in good faith and on advice … Although plaintiffs like those in this case who want to enforce a covenant judgment settlement clearly have a strong incentive to initiate a reasonableness hearing under RCW 4.22.060, contrary to petitioners’ argument,

Noble v. SAFE HARBOR FAMILY PRESERVATION TRUST

169 P.3d 45 · Court of Appeals of Washington · Oct 9, 2007

Kennedy, 115 Wash.App. at 873 , 63 P.3d 866 . ¶ 12 Moreover, that Safe Harbor did not join Tillicum does not immunize it from responsibility for Tillicum's attorney fees under RCW 8.24.030. … Clearly, the full responsibility for the costs of litigating the claimed alternative feasible access rests with Safe Harbor and the Stokes. II.

State v. Glenn

115 Wash. App. 540 · Court of Appeals of Washington · Feb 7, 2003

But the evidence does not establish that this policy applied to confessions to clergy. … Motherwell held that clergy receiving information protected by the clergy/penitent privilege are not subject to the mandatory child abuse reporting requirements in chapter 26.44 RCW, the court also clearly noted that its

A.S., V. Provail

Court of Appeals of Washington · Dec 15, 2025

Code § 51(b), to the male-only membership policy of the Board of Directors of Rotary International, holding that because “membership in an organization constituting a business establishment is clearly an ‘advantage’ or … PROVAIL qualifies as a program authorized under chapter 71A.12 RCW.

City Of Seattle, Et Ano. v. Seattle Police Officers' Guild

Court of Appeals of Washington · Apr 5, 2021

showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.’ ” Olivier v. … Second, SPOG’s focus on qualified immunity and liability under § 1983 ignores § 12601, which was enacted to provide relief that § 1983, as interpreted by the courts, could not.

Larson v. City of Bellevue

188 Wash. App. 857 · Court of Appeals of Washington · Jul 13, 2015

Once a firefighter shows that he suffers from a qualifying disease, RCW 51.32.185(1) establishes a presumption that the condition is an occupational disease and imposes on the employer the burden of producing evidence sufficient … Coleman’s testimony because “the witness clearly qualifies as an expert with information that would assist the trier of fact, and that’s based not only on the recitation of the qualifications, but also my review of the portions

State of Washington v. Cecily Zorada McFarland

492 P.3d 829 · Court of Appeals of Washington · Jul 29, 2021

Law, 154 Wn.2d at 95 (two-part test governs the question of whether a nonenumerated factor qualifies for departure). … McFarland burden of establishing grounds for departure.

Doe v. Fife Municipal Court

74 Wash. App. 444 · Court of Appeals of Washington · Jun 2, 1994

The court in Dike quoted Robertson as follows: [A] void judgment should be clearly distinguished from one which is merely erroneous or voidable. … RCW 10.73.090 established a 1-year time limit for motions to collaterally attack a judgment in a criminal case.

Kimberly Moehlmann v. Kelly M. Lambert

191 Wash. App. 474 · Court of Appeals of Washington · Dec 1, 2015

Barber’s chart note records that Betty Sue’s immunizations were “up to date.” … The Supreme Court held that the stepfather qualified as a de facto parent but that he failed to meet “the high burden imposed on those seeking third party custody.” 179 Wn.2d at 229 .

State v. Glenn

62 P.3d 921 · Court of Appeals of Washington · Feb 7, 2003

Here, the State has not pointed to any evidence establishing that Glenn intended or in any way anticipated that Eide would disclose his statements to anyone other than another clergy member, namely Wolfson. … Motherwell held that clergy receiving information protected by the clergy/penitent privilege are not subject to the mandatory child abuse reporting requirements in chapter 26.44 RCW, the court also clearly noted that its

B&R Sales, Inc. v. Department of Labor & Industries

186 Wash. App. 367 · Court of Appeals of Washington · Mar 10, 2015

The evidence established that the couple was retained to do the work because they owned a donkey engine, and that they could not have performed the contract without the donkey engine. Id. … The Board ruled, and the superior court affirmed, that two of the contractors - Michael Schultz and Charles Soule - did not qualify as workers under former RCW 51.08.180 (1991) but did qualify as workers under the version

State v. J.N.

64 Wash. App. 112 · Court of Appeals of Washington · Feb 3, 1992

and convincingly support the conclusion that a disposition within the range . . . would constitute a manifest injustice, and (b) that the sentence imposed was neither clearly excessive nor clearly too lenient. … J.N. argues that there is no showing that Bernhardt and Kahn are qualified to render an opinion on J.N.'s risk of reofFending.

Clallam County v. WESTERN WASH. GROWTH

121 P.3d 764 · Court of Appeals of Washington · Oct 25, 2005

While presumably the entire 7,500 acres of designated ARL would qualify, so would potentially thousands of other acres. … As of May 2001, the County had identified 6,995 acres of agricultural resource land and 21,753 acres of chapter 84.34 RCW qualified land.

Eggert v. Department of Employment Security

16 Wash. App. 811 · Court of Appeals of Washington · Dec 30, 1976

The testimony also was sufficient to establish that Vashon Island was in Eggert’s work area. Commuting one way involved approximately 12 miles of driving and a 10-minute ferry ride. … By not looking for a job for which he was qualified, Eggert reduced his chances of finding work. See Jacobs v. Office of Unemployment Compensation & Placement, 27 Wn.2d 641 , 179 P.2d 707 (1947).

Snohomish County Fire Prot. Dist. v. Brb

87 P.3d 1187 · Court of Appeals of Washington · Apr 5, 2004

The property owner petition method of annexation has been held not to violate the privileges and immunities clause of the Washington Constitution in Grant County Fire Prot. Dist. 5 v. … Regardless of whether the City takes further action to accept the petition, at that stage there has clearly been a "proposed action."

State of Washington v. Morgan Hale Davis

Court of Appeals of Washington · Jul 31, 2014

The affidavit stated, "In this photo you can clearly see the green houses to the left of the house. The larger of the two green houses was half opened when the initial flight was done. … Then, for the legal component, we apply de novo review to determine whether the qualifYing information as a whole amounts to probable cause.

State v. Owens

39 Wash. App. 130 · Court of Appeals of Washington · Dec 11, 1984

Owens replies that the suppression of evidence obtained from an illegal misdemeanor arrest is well established, citing State v. Bonds, 98 Wn.2d 1 , 653 P.2d 1024 (1982). … The court clearly indicates at footnote 1, page 703, it is not ruling on a suppression question. Mather is, therefore, a starting point, but is not dispositive of the issue before us.

Martin v. Humbert Construction, Inc.

114 Wash. App. 823 · Court of Appeals of Washington · Jan 6, 2003

Under these circumstances, Oregon’s intention to protect local *835 businesses and manufacturers is not furthered by applying Oregon law to immunize Goodyear from liability. … In those cases, the plaintiff established a relationship with the defective product in the home state.