Case law

Lowe's Home Ctrs., LLC v. Dep't of Revenue

195 Wash. 2d 27 · Washington Supreme Court · Jan 16, 2020

To qualify for a tax exemption, a taxpayer must No. 96383-5 demonstrate that the exemption clearly falls within the scope of a tax deduction statute. TracFone Wireless, Inc. v. … The PLCC agreements established a process of monthly allocations of revenue and expenses to distribute to the banks and to Lowe's.

Erdman v. CHAPEL HILL PRESBYTERIAN CHURCH

234 P.3d 299 · Court of Appeals of Washington · Jul 28, 2010

Claimants must demonstrate the existence of a clearly mandated public policy as part of establishing a wrongful discharge claim. Hubbard v. Spokane County, 146 Wash.2d 699, 707 , 50 P.3d 602 (2002). … Spokane County, 146 Wash.2d 699, 707 , 50 P.3d 602 (2002) (claimant must demonstrate the existence of a clearly mandated public policy).

Adams v. Kincheloe

743 F. Supp. 1385 · District Court, E.D. Washington · Jan 29, 1990

This is clearly enumerated in the penitentiary’s written directives *1391 as a violation which may result in the nu-tra-loaf diet. (Exhibit 4 to Defendant’s Memorandum in Support of Motion for Summary Judgment). … Finally, the court notes that, although not submitted as a basis for the pending motion, the defendants have asserted qualified immunity as an affirmative defense to the plaintiffs § 1983 action.

State ex rel. Davis v. Clausen

47 Wash. 372 · Washington Supreme Court · Oct 19, 1907

He was appointed on April 1, 1905, for a full term of six years, and filed his bond and oath of office at that time, and at all times since has been a duly acting and qualified member of the state board of control. … The amendment to §3 shows clearly that the only change intended was the change in regard to salary. This question has been passed upon by this court in Mudgett v.

State v. City of Bellingham

25 Wash. App. 33 · Court of Appeals of Washington · Dec 24, 1979

CFCS chose to obtain that license, rather than a foster home license for which the facility also qualified, due to the different types of state funding available. … The facility thus qualifies under the zoning code as a single family house as well.

O'HALLORAN v. University of Washington

679 F. Supp. 997 · District Court, W.D. Washington · Feb 25, 1988

Moreover, she would only be screened if she were to qualify for post-season competition. … a person of rights, privileges, or immunities secured by the Constitution or laws of the United States.

Hatch v. Cole

128 Wash. 107 · Washington Supreme Court · Jan 17, 1924

In this respect the case does not differ from that of a jury or umpire, if we assume that the members of the board were not entitled to the possibly higher immunities of a judge. . . . … The question, therefore, is whether the offered proof would establish misbehavior and evidence thereof should have been admitted.

Sonia v. Rainer

District Court, W.D. Washington · Aug 12, 2024

The plaintiff must show that officials violated 19 a constitutional right and that this right was “clearly established.” Id. A court may 20 consider the two prongs in whatever order it chooses. Pearson v. … Accordingly, 9 the Defendants are entitled to qualified immunity because the first prong of the qualified 10 immunity test is not satisfied.    11 B.

State v. Boland

115 Wash. 2d 571 · Washington Supreme Court · Nov 15, 1990

Ct. 1625 (1988) clearly established no Fourth Amendment protection for garbage left on the curbside for collection, article 1, section 7 of the New Jersey Constitution, which has been interpreted as providing broader protection … As White and Bonds make clear, violation of a constitutional immunity automatically implies exclusion of the evidence seized.

Lynch v. City of North Yakima

37 Wash. 657 · Washington Supreme Court · Mar 28, 1905

Rep. 368 , the supreme court of Ohio, speaking of the authority of municipal corporations to establish fire companies, and procure engines and fire extinguishing apparatus, said: “But the powers thus conferred are in their … If the city *664 were, in the first instance, liable because its policeman brought tbis afflicted man into the room where appellant was staying, it would seem clearly that the appellant, by remaining in the room and doing

Jain v. State Farm Mut. Auto. Ins. Co.

926 P.2d 923 · Washington Supreme Court · Nov 27, 1996

By blindly applying the Bradbury rule, the majority ignores both United States Supreme Court precedent, which clearly holds that fully settled or adjudicated cases are beyond the reach of otherwise fully retroactive decisional … In the case at bar, the majority justifies its holding on the unstable precedent established in Bradbury .

All Seasons Living Centers, Inc. v. State

127 Wash. 2d 774 · Washington Supreme Court · Oct 12, 1995

A tax exemption presupposes a taxable status and the burden is on the taxpayer to establish eligibility for the benefit. Group Health Coop. v. Washington State Tax Comm’n, 72 Wn.2d 422 , 429, 433 P.2d 201 (1967). … Here a comma introduced the "but only if’ qualifier.

Parris v. Johnson

3 Wash. App. 853 · Court of Appeals of Washington · Dec 18, 1970

No challenge was made to the experiential qualification of the state trooper and the record clearly indicates that the trial court did not abuse its discretion in determining that he was a qualified expert. … Medical testimony is necessary when the question of injury or its extent and duration requires a special skill or knowledge to establish that it actually exists.

Manufactured Housing Communities v. State

142 Wash. 2d 347 · Washington Supreme Court · Nov 9, 2000

It suffices to say that taking private property for private use is clearly a matter of local concern consistently recognized by Washington courts. State ex rel. Convention & Trade Ctr. v. … No amount of hardship in a given case would justify the establishment of such a precedent.

State v. Cox

3 Wash. App. 700 · Court of Appeals of Washington · Nov 30, 1970

If the statute can violate the freedom of speech and press, then it is invalid. *710 This it clearly does. … By dictionary definition and by common understanding, the material is clearly pornographic.

State Farm Fire & Casualty Co. v. El-Moslimany

178 F. Supp. 3d 1048 · District Court, W.D. Washington · Apr 15, 2016

fraud’”, that her Ph.D. research and dissertation were the work of someone else, that she did not teach, do any research, or work while serving as a scholar at Harvard University, holds herself out as younger than she is to qualify … Defendants also point to Sindi’s responses to interrogatories as asserting defendants’ conduct caused her to suffer a compromised immune system, stomach pain, a weakened/depleted heart, and other physical symptoms.

State ex rel. Gillette v. Clausen

44 Wash. 437 · Washington Supreme Court · Nov 19, 1906

Under § 2, supra, the commission clearly has authority to fix the compensation of its secretary and clerks, within the limits imposed by the statute, and we think the same power exists as to the experts provided for in §§ … On the other hand, it would seem to be in the interest of the state, and in consonance with sound business principles, to know the extent of the state’s liability before the indebtedness against it becomes an established

State v. Clarke

156 Wash. 2d 880 · Washington Supreme Court · May 11, 2006

exceptional sentence as a matter of law, or (3) under an abuse of discretion standard, the exceptional sentence is clearly too excessive or clearly too lenient. … The dissent fails to provide any support for its assertion that, in addition to Clarke’s life sentence, Clarke’s minimum term also qualifies as the “ ‘relevant statutory maximum’ ” contemplated by Blakely and Apprendi.

Robert E. Thomas Trust, V. Johns Real Estate Corp

Court of Appeals of Washington · Jan 3, 2022

The trial court concluded that the Association qualified for the third party liability exemption. … Although MTCA does not contain this precise statutory language, it does state that, to qualify as an innocent purchaser, “an owner, past owner, or purchaser of a facility” must establish, in part, that “at the time the facility

United States v. Hines

150 F. Supp. 3d 1227 · District Court, E.D. Washington · Dec 11, 2015

The prior conviction qualifies as an ACCA predicate only if the statute’s elements are the same as, or narrower than, the elements of the generic offense. Id. … Upon a timely objection by the Defendant, the Government bears the burden of proof on any fact that is necessary to establish the base offense level.