Case law

Yakima Indian Nation v. Whiteside

617 F. Supp. 750 · District Court, E.D. Washington · Sep 11, 1985

Among other things, it establishes a requirement for building permits, minimum lot sizes, authorizes the establishment of Planned Development Districts, provides for Special Use Permits and creates five categories of Use … This court must also reject the Tribe’s argument as the County’s decision is not “clearly erroneous.”

City of Tacoma v. William Rogers Co.

148 Wash. 2d 169 · Washington Supreme Court · Dec 19, 2002

In these cases, the taxpayer clearly had no liability for the payments. Evergreen relies very heavily upon a third case decided by this court interpreting Rule 111, Rho Co. v. … We conclude that Evergreen has failed to establish that it paid its temporary workers pursuant to an agency relationship.

Nielson v. Eisenhower & Carlson

100 Wash. App. 584 · Court of Appeals of Washington · Mar 3, 2000

Following a heart surgery, Christina was diagnosed as probably having DiGeorges syndrome, a genetic condition that could affect the brain and immune system. The doctor prescribed phenobarbital for this seizure disorder. … It involves the question of whether liability should attach as a matter of law, even if the proof establishes cause in fact.” Blume, 134 Wn.2d at 252 .

Filo Foods, LLC v. City of SeaTac

183 Wash. 2d 770 · Washington Supreme Court · Aug 20, 2015

SeaTac must establish auditing procedures to monitor and ensure compliance. Other labor standards are established. Should this Ordinance be enacted into law? … But Filo Foods does not argue, much less demonstrate, that the undisputed facts establish as a matter of law that “ ‘the burden imposed on [interstate] commerce is clearly excessive in relation to the putative local benefits

Cockle v. Department of Labor & Industries

142 Wash. 2d 801 · Washington Supreme Court · Jan 18, 2001

Such an argument would be persuasive had the Legislature enumerated all qualifying benefits, but it did not. … Cockle argues that, even under Larson’s analytical criteria, her health care coverage should be included in “wages,” since it provided valuable present peace of mind and clearly qualified as “real economic gain.”

Grace v. Olympia School District

District Court, W.D. Washington · Sep 6, 2019

The Circuit reversed as to 18 Lahmann and Priddy, finding they were entitled to qualified immunity on the question of 19 whether a causal connection existed between their acts or failure to act and the abuse. … established in the record.

Hoexter v. Judson

21 Wash. 646 · Washington Supreme Court · Dec 14, 1899

A county is thus merely a part of the state government, and, being so, it partakes of the state’s immunity from liability, and is not liable at common law for the tortious acts of its officers or agents, whether committed … On the contrary, the right to sue a county is a privilege granted by statute, which must he accepted with the conditions imposed on its exercise, and, unless the statute itself clearly points out exceptions to the prescribed

In re the Detention of Hawkins

169 Wash. 2d 796 · Washington Supreme Court · Sep 9, 2010

RCW 71.09.040(l)-(3) provide for a hearing to establish that there is probable cause to believe that a person is an SVP. … But in RCW 71.09.040(4), the description of the examiner, “by a person deemed to be professionally qualified to conduct such an examination,” can be modified by the “pursuant” clause because one can deem someone qualified

McCurry v. Chevy Chase Bank, FSB

169 Wash. 2d 96 · Washington Supreme Court · Jun 24, 2010

Under CR 12(b)(6) a plaintiff states a claim upon which relief can be granted if it is possible that facts could be established to support the allegations in the complaint. See Halvorson v. … The dissent makes broader lending operations relevant here by overextending what qualifies as only an incidental effect.

Young v. Key Pharmaceuticals, Inc.

63 Wash. App. 427 · Court of Appeals of Washington · Nov 25, 1991

As the rule indicates, an inability to reach the witness by subpoena power is not sufficient to establish unavailability; the party calling the witness must also establish an inability to reach the witness by "other reasonable … Golub would thus qualify as an "unavailable" witness under ER 804(b)(1). See Rice v. Janovich, supra. The same cannot be said for Ellis.

State v. Wright

78 Wash. App. 93 · Court of Appeals of Washington · Jun 12, 1995

The trial court’s determination of whether there was a discriminatory purpose behind the State’s use of its peremptory challenges "will not be set aside unless clearly erroneous”. Burch, 65 Wn. App. at 841 . … It sought to end the exclusion of venire persons because of their race "or on the false assumption that members of [their] race as a group are not qualified to serve as jurors”. Batson , at 86.

Graham v. Notti

147 Wash. App. 629 · Court of Appeals of Washington · Dec 2, 2008

And Jolee Wilke is clearly not a “City resident.” CP at 41, 124. … statute governing disposition of lost property in the 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 Gulstine's Estate

154 Wash. 675 · Washington Supreme Court · Dec 17, 1929

Gulstine, his daughter, and Morris Vernon Gulstine, a son, qualified as executors under the last will of the deceased. … There, all the circumstances and documents “clearly and definitely established” the mutuality of the wills.

Diamond v. Granite Falls School Dist.

70 P.3d 966 · Court of Appeals of Washington · May 14, 2003

By stating only a "preference," not a requirement, Ennes' message clearly did not rule out Sound Energy. VII. … There are other qualified installers. VIII. The District's Arguments: The District makes two additional arguments.

Jones v. State of Washington Department of Employment Security

District Court, W.D. Washington · Feb 12, 2025

proper vehicle for invoking sovereign immunity from suit.” … Cal. 2009). 10 Here, Plaintiff’s complaint fails to identify facts establishing that his exercise of FMLA 11 leave constituted a negative factor in an adverse employment decision.

Sheikh v. Choe

128 P.3d 574 · Washington Supreme Court · Feb 16, 2006

Because Daniels was a foster parent, Aba Sheikh reasons, she established an agency relationship with DSHS and thereby established the availability of a vicarious liability claim. … First, these administrative rules are clearly intended to benefit the recipients of the listed services.

McCormick v. Dunn & Black, PS

140 Wash. App. 873 · Court of Appeals of Washington · Sep 18, 2007

Each Director shall hold office until his death, resignation, retirement, removal, disqualification or his successor is elected and qualifies. … Directors shall be shareholders of this Corporation and legally qualified to render services as lawyers in the State of Washington. 1 CP at 103.

Dedman v. Wash. Personnel Appeals Bd.

98 Wash. App. 471 · Court of Appeals of Washington · Dec 17, 1999

During this time, DOC searched for alternative, permanent jobs for which Dedman was qualified. … Maintenance of the safety and welfare of retarded students clearly is an essential function of a teacher of such students, a function Clarke was unable to perform.

Potts Family Motors, Inc. v. City Of Longview

Court of Appeals of Washington · Apr 28, 2020

State, where the Supreme Court held that the qualified personal immunity of parole officers for negligent supervision of parolees does not extend to the State. 127 Wn.2d 434, 445-47, 899 P.2d 1270 (1995). … That decision imported the policy underlying quasi-judicial immunity to the interpretation of a statute granting only a qualified immunity to certain law enforcement officers for actions which are neither judicial nor

In re the Riddell Testamentary Trust

138 Wash. App. 485 · 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 “permití ] the family to immunize itself financially … They clearly intended to establish a trust to provide for their *496 grandchildren’s general support, not solely for extraordinary and unanticipated medical bills. ¶23 A special needs trust may be established by a third party