Case law

Graham v. Notti

196 P.3d 1070 · Court of Appeals of Washington · Dec 2, 2008

And Jolee Wilke is clearly not a "City resident." CP at 41, 124. … governing disposition of lost property in the *1074 hands of a governmental entity, a closely analogous context to the animal shelter's possession of Harlee, provides: If the property is not returned to a person validly establishing

In Re The Detention Of: Jack Leck Ii

Court of Appeals of Washington · Sep 4, 2013

The second Mathews factor clearly weighs in the State' s favor. … The court' s role under the factual inquiry prong is not that of a fact finder; the court need only review facts already established, including those established in the record of the conviction resulting

St. Martin's College v. Department of Revenue

68 Wash. App. 12 · Court of Appeals of Washington · Dec 17, 1992

Martin's had the burden of proving at the Board level that it qualified for a property tax exemption. … Clearly, our state and federal constitutions preclude the State from promoting religious education.

In Re Estate of Frank

146 Wash. App. 309 · Court of Appeals of Washington · Aug 5, 2008

There is some evidence that Kenneth and Catherine established the Foundation for the tax benefits. … This proposition is clearly supported by a leading ademption case, Buder v.

State v. Brelvis Consulting LLC

436 P.3d 818 · Court of Appeals of Washington · Nov 20, 2018

RCW 10.52.090 ¶36 Brelvis argues that the superior court erred by ordering it to comply with the CID because, without a grant of immunity, compliance with the CID would violate RCW 10.52.090. … More importantly, the BBB page clearly relates to Brelvis and describes a "pattern of complaints" regarding Brelvis' failure to consolidate loans and respond to customer requests for refunds. CP at 164.

Lester v. Town of Winthrop

87 Wash. App. 17 · Court of Appeals of Washington · Jul 10, 1997

That did not happen here. *25 The delay involved here is simply not sufficient to establish a substantive due process claim. … The trial court properly concluded that the Lesters did not qualify for the special relationship exception to the public duty doctrine. Negligent Hiring.

City Of Vancouver, V State Of Wa Public Employment Relations Comms

Court of Appeals of Washington · Mar 25, 2014

Applying these principles to the case before us, the record clearly demonstrates that Cook relied upon the tainted recommendation of Sutter when making his decision. … The comment at issue came in the context of Schoene' s summary of why Martin' s skills made him the most qualified for a position in the unit.

State v. Markham

40 Wash. App. 75 · Court of Appeals of Washington · Mar 22, 1985

Assuming arguendo it is potentially vague, Markham's conduct clearly fell within the "hard core" of the statute, as defined by many years of judicial construction. State v. Richmond, supra at 245. … Markham argued the letter should be admitted, and then the *85 prosecution could call the attorney to testify if it wished to establish the basis for his opinion.

Fray v. Spokane County

85 Wash. App. 150 · Court of Appeals of Washington · Feb 20, 1997

Regardless, the County contends the suit is barred by the employer immunity granted by the Industrial Insurance Act (RCW 51). … The County next argues *158 that the 1992 amendment to LEOFF, which clearly does limit the "right to sue” provision to Plan I members only, effectively eliminated Deputy Fray’s claim against the County.

Pierce County v. State

144 Wash. App. 783 · Court of Appeals of Washington · May 28, 2008

It should not be allowed to benefit from this act by hiding behind the cloak of sovereign immunity. … Under RAP 10.3(g), we review only issues set forth in an assigned error or clearly disclosed as an associated issue.

In Re Riddell

157 P.3d 888 · Court of Appeals of Washington · May 8, 2007

The trial court found that the trust's purpose was "to provide for the education, support, maintenance, and medical care of the beneficiaries" and that a modification would only "permit[] the family to immunize itself financially … They clearly intended to establish a trust to provide for their grandchildren's general support, not solely for extraordinary and unanticipated medical bills. ¶ 23 We remand to the trial court to reconsider this matter and

State v. Garcia

146 Wash. App. 821 · Court of Appeals of Washington · Sep 23, 2008

And that is clearly a requirement of the statute under which he was prosecuted. RCW 9A.36.031(1)(a) (“A person is guilty of assault in the third degree if he . . . … It is an immunity statute for civil actions against mercantile establishments. And this is a criminal prosecution. ¶26 Mr. Garcia also argues that the State did not prove all elements of the federal assault statute. Mr.

Tacoma Auto Mall, Inc. v. Nissan North America, Inc.

169 Wash. App. 111 · Court of Appeals of Washington · Jun 26, 2012

Potter, 165 Wn.2d at 85 . ¶19 Finding no language in the statutes clearly establishing the exclusivity of the remedy provided in former RCW 46.96.200, we next look to “ ‘other manifestations’ ” such as the purpose of the … The stated purpose is limited and clearly focuses on protecting manufacturers’ franchisee dealers.

Janet G. Husted, V State Of Washington

Court of Appeals of Washington · May 11, 2015

After his release from the 1 In light of our disposition of the case, we do not address the issues of qualified immunity and proximate cause. … "[Cjustody or [a] continuous relationship" which is not required to establish a take charge relationship and a "definite, established and continuing relationship" which is. Taqqart. 118 Wn.2d at 219-23.

Kettle Range Conservation Group v. Department of Natural Resources

120 Wash. App. 434 · Court of Appeals of Washington · Dec 23, 2003

The first step is resource assessment by qualified scientists. … “A qualified party shall be considered to have prevailed if the qualified party obtained relief on a significant issue that achieves some benefit” it sought. RCW 4.84.350(1).

State v. Lynn

67 Wash. App. 339 · Court of Appeals of Washington · Aug 31, 1992

Had Lynn questioned Mosby's unavailability at trial the State clearly would have had the burden of establishing unavailability. … Since the record establishes that Mosby's statements qualify for admission under ER 801(d)(2)(v), no constitutional error resulted from admitting the statements without a showing of unavailability. 12 RCW 69.50.407 provides

State Of Washington v. Darin Vance

Court of Appeals of Washington · Jul 2, 2019

We consider the equal protection clause and the privileges and immunities clause under the same analysis in this context. See State v. … 22 No. 50664-5-II because, at the time the range was established, sex offenders who did not have an established relationship with the victim had been eligible for SSOSA.

Gorman v. Pierce County

176 Wash. App. 63 · Court of Appeals of Washington · Aug 13, 2013

Accordingly, we cannot overturn the jury’s verdict unless it is clearly unsupported by substantial evidence, i.e., evidence that, if believed, would support the verdict. … “Abrogation of the doctrine of sovereign immunity did not create duties where none existed before. It merely permitted suits against governmental entities that were previously immune from suit.”

Snohomish County Fire District No. 1 v. Snohomish County Disability Board

128 Wash. App. 418 · Court of Appeals of Washington · Jul 18, 2005

Thus, according to this definition, RCW 41.26.150, which provides for the payment of necessary medical services, applies to all LEOFF 1 members. 2 The reference to sick and disabled members in RCW 41-.26.150(l)(b) clearly … Any ‘active member, or any member hereafter retired, on account of service, sickness or disability qualifies for the benefit.

Cavell v. Hughes

29 Wash. App. 536 · Court of Appeals of Washington · Jun 12, 1981

The record shows clearly that defendant did not proceed in good faith after signing the earnest money agreement. … As owner of the house, plaintiff would have a number of options, among them, seeking membership herself or selling the house to someone who could qualify for membership.