Case law

Cannabis Action Council v. City of Kent

Washington Supreme Court · May 21, 2015

Under the bill, qualifying patients could establish collective gardens for the purpose of growing medical marijuana for personal use. Jd. § 403 (codified at RCW 69.51A.085). … MUCA provides in relevant part that [a] qualifying patient or designated provider who is not registered with the registry established in section 901 of this act, but who presents his or her valid

Guard v. Jackson

132 Wash. 2d 660 · Washington Supreme Court · Jul 24, 1997

Beeston and Guard never married, but Beeston’s paternity of Jeffrey was established by a paternity action in 1990. … A mother (married or unmarried) risks her life to bear the child and therefore qualifies. . . .

Jacoby v. Grays Harbor Chair & Mfg. Co.

77 Wash. 2d 911 · Washington Supreme Court · Apr 30, 1970

In order to qualify under this section an employee must have “completed at least 10 years as a Participant under the Plan.” … This booklet clearly states the conditions under which a terminated employee may be entitled to a deferred (to age 65) pension.

Chadwick Farms Owners Ass'n v. FHC LLC

166 Wash. 2d 178 · Washington Supreme Court · May 14, 2009

If those claims are valid, FHC did not properly wind up its affairs—it clearly knew of the claims at the time it was canceled. … The legislature clearly knew the difference.

In Re Roberts

46 Wash. App. 748 · Court of Appeals of Washington · Feb 9, 1987

She points to the requirement in 25 U.S.C. § 1912 (f) that the determination to terminate parental rights be based upon "testimony of qualified expert witnesses". [4] The phrase "qualified expert witness" is meant to apply … The court concluded that these were "qualified expert witnesses" for the purposes of the ICWA. Fisher , at 553. Elaine Fiddler was well qualified within the meaning of the statute.

Donelson v. Providence Health & Services

823 F. Supp. 2d 1179 · District Court, E.D. Washington · Oct 14, 2011

Chapel Hill Presbyterian Church, 156 Wash.App. 827, 848-50 , 234 P.3d 299 (2010) (rejecting Fourteenth Amendment Equal Protection challenge and not reaching state Privileges and Immunities argument); Farnam, 116 Wash.2d at … Donelson’s exhibit clearly states that “Providence Health & Services— Washington/Montana Region” receives federal financial assistance; presumably, Providence Health & Services — Washington/Montana Region includes Defendant

Tracy Helm v. Dept. Of Transportation

Court of Appeals of Washington · Oct 20, 2014

The trial court found that the USMS as a system qualified for discretionary immunity. However, it also found that application of the USMS to defer remediation of this particular slope was fact-dependent. … The form asked, "Does the evidence establish that the [Department] balanced the risks and advantages of delaying remediation of slope 1867?"

Joseph v. City of Kent

District Court, W.D. Washington · Feb 4, 2021

right that was “clearly established” at the time of the challenged conduct. 9 Plumhoff, 572 U.S. at 778. … If a constitutional 14 15 violation can be shown, “the court must then determine whether the constitutional right was clearly 16 established

Bledsoe v. Ferry County

District Court, E.D. Washington · Jan 23, 2020

If the court finds that the 19 constitutional right was clearly established, but that the defendant made a reasonable 20 mistake in applying the law, then the defendant is entitled to qualified immunity. … Bledsoe asserts were clearly established. 9 As Ms.

Teck Metals, Ltd. v. Certain Underwriters at Lloyd's

735 F. Supp. 2d 1246 · District Court, E.D. Washington · Oct 22, 2010

Teck Cominco Metals, Ltd., 452 F.3d 1066 (9th Cir.2006), clearly establishes the boundaries of any actual CERCLA liability on the part of Teck. … Furthermore, the court did not clearly err in denying Defendants’ request for a Rule 56(f) continuance with regard to this particular issue. C.

Gregory R. Hart, Res./cross-appellant v. City Of Lakewood, App./cross-respondent

Court of Appeals of Washington · Jan 14, 2014

And when a qualified privilege applies, a plaintiff cannot establish a prima facie defamation case unless the plaintiff clearly and convincingly shows that the declarant knew of the statement' s falsity and … Svenning, 67 Wn.2d 882, 884, 410 P. 2d 606 ( 1966). " The public policy which requires immunity for the prosecuting attorney, also requires immunity for both the state and the county for acts of

Klickitat County v. State

71 Wash. App. 760 · Court of Appeals of Washington · Nov 30, 1993

Ct. 60 (1993), the court held the jurisdiction provisions of the act constituted a limited waiver of sovereign immunity. … Here, the Commission, which is clearly a creature of federal law, has the authority to approve or disapprove the County's land use regulations.

In re the Personal Restraint of Stanphill

134 Wash. 2d 165 · Washington Supreme Court · Jan 8, 1998

However, the SRA ranges do not guarantee release and pre-SRA offenders must still establish parolability. … Our analysis of the ex post facto clause in In re Powell clearly illustrates this point and is applicable to the case at bar.

In Re Lloyd's Estate

185 Wash. 61 · Washington Supreme Court · Jan 3, 1936

This statute is precise in its choice and use of terms, and expresses the intention of the legislature as clearly and definitely as words can express it. … The bond of the Constitution qualifies their jurisdiction. This is the principle which underlies the decisions cited by respondents.

State Ex Rel. Evans v. Brotherhood of Friends

41 Wash. 2d 133 · Washington Supreme Court · Sep 2, 1952

The point is so well established that it should require no citation of supporting authorities. … Such scheme is clearly a lottery.” (Italics ours.)

Lundgren v. Upper Skagit Indian Tribe

Washington Supreme Court · Feb 16, 2017

Upper Skagit Indian Tribe, No. 91622-5 recognized the fence as the boundary line and that it had clearly been on the property for much longer than the necessary 10 years. … (dissenting)-It is well established that "tribal sovereign immunity comprehensively protects recognized American Indian tribes from suit absent explicit and 'unequivocal' waiver or abrogation." Wright v.

Thomason v. State of Washington

District Court, E.D. Washington · Oct 30, 2024

“Will establishes that the State and arms of 12 the State, which have traditionally enjoyed Eleventh Amendment immunity, are 13 not subject to suit under § 1983 in either federal or state court.” Howlett v. … Therefore, the State of Washington is entitled to 15 Eleventh Amendment immunity and does not qualify as a “person” under Section 16 1983.

Ass'n of Wash. Spirits & Wine Distribs. v. Liquor Control Bd.

Washington Supreme Court · Jan 8, 2015

When we consider context, the Initiative clearly created several different licenses; each licensee operates under a unique classification with unique rights and attendant responsibilities. … The Association cannot establish that the law involves a privilege or immunity.

Thomas v. Pacific County Sheriff's Department

District Court, W.D. Washington · Nov 2, 2023

immunity. … Qualified Immunity 14 Under the qualified immunity doctrine, “government officials performing 15

Cotten v. Wilson

27 Wash. 2d 314 · Washington Supreme Court · Mar 10, 1947

Clearly, the act segregates defense workers who rode to and from their places of employment in public carriers of the motor vehicle type. … The language of the court in that opinion is applicable to the situation presented here: “The aim and purpose of the special privileges and immunities provision of Art.