Case law

City of Hoquiam v. Public Employment Relations Commission

97 Wash. 2d 481 · Washington Supreme Court · Jun 10, 1982

The Executive Conflict of Interest Act was enacted in 1969 to establish specific rules to cover conflict of interest situations involving state executive employees. … an important and obvious source of commissioners for PERC and other similar boards, agencies and commissions. *490 The result of our accepting the City's assertion would be to cut off an important pool from which to draw qualified

Tombs v. King County

49 Wash. App. 178 · Court of Appeals of Washington · Aug 31, 1987

The issuance of a building permit established the necessary privity between the developer and the County. … Without such reliance, the Tombs fail to establish a claim under the special relationship theory.

Commonwealth v. Roberts

23 Pa. D. & C. 446 · Washington County Court of Quarter Sessions · Apr 13, 1935

courts have laid down and firmly established the following rules, settling the effect of this constitutional provision: 1. … Even if the title should contain a general statement of a subject matter, comprehensive enough to include some particular matter connected therewith, yet if such general statement be followed by qualifying language, clearly

Olson v. King County

71 Wash. 2d 279 · Washington Supreme Court · May 25, 1967

The immunity is now gone in this state; and in this particular case the claims were timely filed. … In such cases, the recovery should not be limited to the specific dollar amount stated in the claim, if the evidence establishes dollar damage in excess of that amount. In Wagner v.

State v. Bello

142 Wash. App. 930 · Court of Appeals of Washington · Feb 4, 2008

. ¶11 It is well established that article I, section 7 provides greater protection of the privacy interest in a vehicle and its contents than does the Fourth Amendment. Parker, 139 Wn.2d at 493-95 . … therefore, not subject to the vehicle exigency exception to the warrant requirement. ¶20 Lopez’s contention—that, because a vehicle subject to a traffic stop may be presumed to be the property of the driver, the vehicle is immune

Simpson Investment Co. v. Department of Revenue

92 Wash. App. 905 · Court of Appeals of Washington · Oct 23, 1998

But if the ambiguity *914 concerns an exemption or deduction, the burden is on the taxpayer to establish an exemption, Deaconess Med. Ctr. v. Department of Revenue, 58 Wn. … Simpson is clearly not engaged in banking, loan, or security businesses. The question is whether Simpson is engaged in a “financial business.”

Flarity v. Roberts

District Court, W.D. Washington · May 11, 2021

Judgment under Rule 12(c) “is proper when the moving party clearly establishes on the 8 face of the pleadings that no material issue of fact remains to be solved and that it is entitled to 9 judgment as a matter of law … The Court previously 19 dismissed Plaintiff’s claims against Defendant Kenneth Roberts with prejudice because they 20 were barred by quasi-judicial immunity. Dkt. 23.

City of Roseville Employees' Retirement System v. Sterling Financial Corp.

963 F. Supp. 2d 1092 · District Court, E.D. Washington · Aug 5, 2013

Sterling was not immune from the effects of the Great Recession. … Defendants contend that Sterling improperly qualified for this program because it represented itself as a well-qualified institution, which it was not. Id.

Brown v. Giger

111 Wash. 2d 76 · Washington Supreme Court · Jul 14, 1988

However, a borrower's acquiescence in a scheme to avoid the usury law does not make the transaction qualify for the exemption in RCW 19.52.080. Darwin , at 927-28. This makes sense. … On the contrary, it clearly was his business to find out whether Giger was to receive profit from this venture.

State v. Quaale

182 Wash. 2d 191 · Washington Supreme Court · Dec 18, 2014

Some areas, however, are clearly inappropriate for opinion testimony in criminal trials, including personal opinions, particularly expressions of personal belief, as to the defendant’s guilt, the intent of the accused, or … As has been explained, the HGN test can indicate the presence of alcohol in a suspect but it cannot establish impairment.

Pearson v. Department of Labor & Industries

164 Wash. App. 426 · Court of Appeals of Washington · Oct 24, 2011

. ¶14 Washington’s Industrial Insurance Act provides injured workers a swift, certain, no fault remedy that is primarily enforced in an administrative process that the act establishes. 7 The act generally provides finality … communicated’ as used in this statute to require only that the worker received the order, not understood it.” 70 Even if Pearson were to argue that he was somehow unable to understand the DLI’s order, he stipulated that it was clearly

Watkins v. FMC Corporation

12 Wash. App. 701 · Court of Appeals of Washington · Feb 5, 1975

The court’s comments are clearly supported by the record. … The evidence sought to establish lost production from each injured tree converted into boxes or tons of apples.

State v. Suleiman

158 Wash. 2d 280 · Washington Supreme Court · Oct 5, 2006

reverse an exceptional sentence, this court must find that: (a) the record did not support the sentencing court’s reasons for the sentence or those reasons do not justify an exceptional sentence or (b) the sentence was clearly … that his admitted vehicular assault qualified as an unusually egregious and harmful crime for former RCW 9.94A.535 sentencing purposes.

State Ex Rel. Washington Mutual Savings Bank v. City of Bellingham

8 Wash. 2d 233 · Washington Supreme Court · Apr 3, 1941

Respondents argue that § 2 of the act, in so far as the question now under consideration is concerned, is not ambiguous, and so clearly provides for establishing a guaranty fund in an amount equal to no more than five per … That portion of the act establishing the tax pledge is not qualified or contradicted by any other portion *244 of the act, which contains no intimation that the tax pledge was to be supported by any tax levy other than that

Rao v. Board of County Commissioners

80 Wash. 2d 695 · Washington Supreme Court · Jun 1, 1972

The license attests that the applicant has acquired the minimum knowledge necessary to qualify him at the time he takes the test. … Clearly, the denial of an application, based upon such a consideration, would constitute an arbitrary act, and this court would be called upon to reconsider the rule which it announced in Group Health Cooperative of Puget

State v. Robinson

67 Wash. 425 · Washington Supreme Court · Mar 11, 1912

As we have seen, section 6 expressly provides that, when a dry unit has been established and the result has become operative, “no intoxicating liquor save as hereinafter provided shall be sold within that unit until permission … Bernays, 158 Fed. 792 , it is said that “A proviso should be construed with reference to the subject-matter of the sentence of which it forms a part unless it clearly appears to be designed by the legislature for a broader

State v. Miller

164 Wash. 441 · Washington Supreme Court · Sep 11, 1931

We are satisfied that the-state did establish premeditation. … The real charge against the appellant was the killing; the rape was an incident qualifying the homicide as murder in the first degree.” State v. Whitfield, 129 Wash. 134 , 224 Pac. 559 . See, also, State v.

City of Wenatchee v. Boundary Review Board

39 Wash. App. 249 · Court of Appeals of Washington · Dec 20, 1984

Second, a statute is presumed constitutional unless its invalidity clearly appears or is made to appear beyond a reasonable doubt. Port of Tacoma v. Parosa, supra at 184. … The court held the benefits of the act encompassed any area of the state which may elect to qualify under it, and therefore the act was a general, not special, law. See also Aetna Life Ins. Co. v.

Riddell v. Brown

25 Wash. 514 · Washington Supreme Court · Jul 13, 1901

Where the evidence is conflicting, — as it is in this case, —it has been the rule of this court not to disturb the findings of the lower court, unless the weight' of the evidence is clearly against such findings. … If plaintiffs ever had any right to these lands, their failure to establish possession and occupation at the time defendant took possession defeated their right to restrain defendant’s possession.

Brees v. HMS Global Maritime Inc

District Court, W.D. Washington · Nov 12, 2019

Id. 15 “The work-product rule is not a privilege but a qualified immunity protecting from 16 discovery documents and tangible things prepared by a party or his representative … Ripa is clearly privileged. Mr. Ripa was a witness to the alleged May 18, 2018 incident 2 while working within the scope of his duties as an HMS Ferries crewmember and provided 3 information to Mr.