Case law

Mt. Hood Beverage Co. v. Constellation Brands, Inc.

63 P.3d 779 · Washington Supreme Court · Feb 20, 2003

We then carefully balance "whether the burden on interstate commerce clearly exceeds the local benefits." Brown-Forman, 476 U.S. at 579 , 106 S.Ct. 2080 . … It would be odd to say that the latter—here, the Twenty-first Amendment—does not immunize states from Commerce Clause scrutiny, but that the former does. Bainbridge, 311 F.3d at 1110-11.

Scyphers v. Ferguson

12 Va. Cir. 147 · Washington County Circuit Court · Mar 4, 1988

They may maintain two separate forms, one clearly labeled "joint account with survivorship" and the other clearly labeled "joint account - no survivor-ship" or they may maintain just one form clearly labeled with both types … The terms of the codicil indicate the necessity for the establishment of a trust to administer any funds from any certificates passing thereunder.

Griffin v. Thurston County Board of Health

165 Wash. 2d 50 · Washington Supreme Court · Nov 20, 2008

Some of the setback measurements contain qualifying language. … The critical threshold inquiry is whether the provision in question establishes a requirement at all.

Schons v. Department of Transportation

43 Wash. App. 160 · Court of Appeals of Washington · Dec 20, 1985

Schons cites no authority for his contention that the loss of milk production qualifies as "tangible personal property." … Appellate review of administrative findings is conducted under the "clearly erroneous" and "arbitrary and capricious" standards. Eggert v. Department of Empl. Sec., 16 Wn. App. 811, 813 , 558 P.2d 1368 (1976).

Pierce v. Yakima County

251 P.3d 270 · Court of Appeals of Washington · May 12, 2011

An "express assurance" occurs where an individual makes a direct inquiry and the government clearly sets forth incorrect information in response. … Pierce's request to establish new law in this settled area. ¶ 26 Affirmed. WE CONCUR: KORSMO, A.C.J., and SWEENEY, J.

Lauterbach v. City of Centralia

49 Wash. 2d 550 · Washington Supreme Court · Dec 5, 1956

Clearly, *559 "The adoption or rejection of its [planning commission's] recommendations lies solely within the sound discretion of the board [of county commissioners]." … The legislative act did not make it mandatory that a city qualify under chapter 44, Laws of 1935, before a city could establish a zoning procedure and plan.

State of Washington v. James Cortez Johnson

Court of Appeals of Washington · Jun 2, 2016

This paragraph does not apply if it is established that the Washington State Patrol crime laboratory already has a sample from the defendant for a qualifying offense. RCW 43.43.754. … Such allegations are clearly insufficient. We affirm Mr.

PUD DISTRICT NO. 1, KLICKITAT COUNTY v. International Insurance Co.

124 Wash. 2d 789 · Washington Supreme Court · Oct 6, 1994

In February 1988, the MDL 551 court found the individuals were immune from liability, but found their immunity was waived to the extent they were insured from claims of the sort brought by the MDL 551 claimants. … They are clearly placed in policies to prevent the insurer from being prejudiced by the insured’s actions.

Pacific Northwest Conference of the Free Methodist Church of North America v. Barlow

77 Wash. 2d 487 · Washington Supreme Court · Dec 31, 1969

However, the record shows clearly that the use, whether by the respondent or by others, was predominantly sectarian in character. … And if this exemption is valid, then what is to stop all other religious sects from establishing similar camps?

Wells v. Whatcom County Water District No. 10

105 Wash. App. 143 · Court of Appeals of Washington · Mar 5, 2001

First, the information Wells and WDF rely on to argue that the District must prepare an SEIS does not qualify as “new information” under the SEPA regulations. … the fact that she has the burden on appeal of establishing that one or more of LUPA’s standards of review has been met.

Save Our State Park v. Board of Clallam County Commissioners

74 Wash. App. 637 · Court of Appeals of Washington · Jul 15, 1994

Clearly, S.O.S. Park’s proposed ordinance was not introduced by a commissioner. … Lince, Leonard, and Anderson establish collectively that initiative and referendum are not compatible with zoning ordinances.

State v. Crutchfield

53 Wash. App. 916 · Court of Appeals of Washington · Apr 24, 1989

In return for a grant of immunity, Lewis told the police he had seen Crutchfield kill R. Lewis led a search team to the beaver pond where R.'s body was found chained to a submerged log. … Reason Six: Impact on Others The record clearly establishes that Grant repeatedly lied to R.'s family members during the 16 months that R. was missing. Grant told R.'

Baker v. Baker

80 Wash. 2d 736 · Washington Supreme Court · Jun 15, 1972

It is the rule in this state that a legislative enactment is presumed to apply prospectively only, and will not be held to apply retrospectively unless such legislative intent is clearly expressed or to be implied. … On the basis of the record, we believe that the trial court was justified in finding that the defendant was presently qualified only for housework.

Siperek v. United States

270 F. Supp. 3d 1242 · District Court, W.D. Washington · Aug 29, 2017

In reality, all three steps of the Valerio analysis are intended to determine whether a person has a qualifying conviction under 18 U.S.C. § 922 (g)(1). … In turn, Washington law clearly dictates that, pursuant to RCW 13.50.260(6)(a) (formerly RCW 13.50.050(14)), the sealing of a juvenile, case constitutes expungement of the juvenile offense.

Detention Of Derwin Leron Pasley

Court of Appeals of Washington · Nov 21, 2023

He testified that K.R. was able to communicate clearly and understand complex terms, and that he demonstrated life skills typical of a young adult. Dr. … Pasley cites Anderson and Froats to support his argument that the evidence was insufficient to establish he committed an ROA.

Silva v. Western State Hospital

District Court, W.D. Washington · Jul 3, 2024

In order to establish 13 an Eighth Amendment violation, a prisoner must satisfy a two-part test containing both 14 an objective and a subjective component. … Thus, any amended complaint must 15 clearly identify the Defendant(s), the constitutional claim(s) asserted, the specific 16 facts which Plaintiff believes support each claim, and the specific relief 17

Gerberg v. Crosby

52 Wash. 2d 792 · Washington Supreme Court · Aug 28, 1958

said: “Two mining engineers, who testified that they had had experience and observation in the use of explosives in large quantities, in answer to a hypothetical question which assumed facts which the evidence tended to establish … The basis for Hendren’s opinion was clearly brought out in his testimony, both on direct and cross examination. It was for the jury to determine what weight should be given it. Knight v. Borgan, supra; Grismore v.

Shoop v. Kittitas County

30 P.3d 529 · Court of Appeals of Washington · Sep 10, 2001

The *536 court stated, "Clearly, this is jurisdictional language." … Kittitas County argues that the State's sovereign immunity can be overcome only by a specific statutory grant of "jurisdiction".

Pierce v. Yakima County

161 Wash. App. 791 · Court of Appeals of Washington · May 12, 2011

App. 625, 628 , 784 P.2d 1288 (1990). ¶9 Washington waived its sovereign immunity to tort suits in 1967, declaring the State may be liable for damages arising out of its tortious conduct “to the same extent as if [it] were … An “express assurance” occurs where an individual makes a direct inquiry and the government clearly sets forth incorrect information in response. Babcock, 144 Wn.2d at 789 . ¶24 The County correctly argues Mr.

State v. Ratliff

46 Wash. App. 325 · Court of Appeals of Washington · Dec 24, 1986

Furthermore, Ratliff's argument runs contrary to established rules of statutory construction. … excessive or clearly too lenient.