Case law

Klein Griffith Properties Group LLC v. Washington State Department of Commerce

District Court, W.D. Washington · Dec 22, 2022

Whether Plaintiff Establishes an Improper Purpose or Means 13 As noted above, Plaintiff must also establish that Defendants “interfered for … While Defendants’ alleged practices may not have been 20 directed to the public at large, they clearly implicate a public interest.

State v. Thompson

92 P.3d 228 · Washington Supreme Court · Jun 24, 2004

Thompson's use of the boathouse was clearly dependent upon the permission of the owners, i.e., his parents. … The items discovered in the boathouse following a lawful consent to search by Thompson's father together with the items found in open view on the property clearly established probable cause for the search warrant independent

State v. Winterstein

166 P.3d 1242 · Court of Appeals of Washington · Sep 11, 2007

. ¶ 12 Soderlind agreed to testify at Winterstein's trial after receiving immunity from further prosecution. … The State bears the burden of establishing an exception to the warrant requirement. State v.

State v. Woods

143 Wash. 2d 561 · Washington Supreme Court · May 24, 2001

He asserts that death-qualified juries are significantly “more likely to vote for guilt” than nondeath qualified juries. Id. … Because his jury was “death qualified,” he argues, he is entitled to a new trial on the issue of his guilt.

Southwest Washington Chapter, National Electrical Contractors Ass'n v. Pierce County

100 Wash. 2d 109 · Washington Supreme Court · Jul 28, 1983

The County has established the following objective measurement of good faith. … Any program satisfying the more stringent requirements of Fullilove clearly satisfies this mid-tier test.

Harbour Village Apts. v. City of Mukilteo

989 P.2d 542 · Washington Supreme Court · Dec 16, 1999

Clearly, they are engaged in the business of renting dwelling units. [7] Under the plain language of RCW 35A.82.020, Mukilteo's authority to "impose excises for regulation or revenue" for "all ... kinds of business ... and … As the RDU fee meets the legitimate purposes of both revenue raising and regulation, it cannot be said to be wholly arbitrary, thus it cannot be shown to violate federal equal protection or our State's privileges and immunities

Rivas v. Eastside Radiology Associates

143 P.3d 330 · Court of Appeals of Washington · Sep 18, 2006

. ¶ 6 Because the statute of limitations is an affirmative defense, the burden is on the party asserting it, here Muraki, to prove the facts that establish it. Haslund v. … Other time periods set out in *335 the guardianship statutes could add to the minimum time required to appoint a guardian. [5] ¶ 15 While we do not set out a bright line rule for the minimum duration of incapacity to qualify

Manufactured Housing Communities v. State

13 P.3d 183 · Washington Supreme Court · Nov 9, 2000

Rather, we have recognized the criteria to establish a taking are "`quite different'" from that required to establish a due process violation. … Liberty implies the absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interests of the community. Chicago, B. & Q.R. Co. v.

State Ex Rel. Hayes Oyster Co. v. Keypoint Oyster Co.

64 Wash. 2d 375 · Washington Supreme Court · Apr 30, 1964

Certificate No. 1 for 250 shares of stock was issued to Engman, certificate No. 2 for 249 shares to Eng-man’s wife, and certificate No. 3 for one qualifying share to Sam Hayes. … Coast was not a party to any illegal contract and its equitable claim has been established.

Olson v. Chapman

4 Wash. 2d 522 · Washington Supreme Court · Jul 11, 1940

We are unable to find from the record evidence sufficient to establish that respondents repaid the amounts expended for taxes. It is contended by respondents, however, that the note and mortgage given by J. L. … the payment of those taxes by their co-owners, to escape the burden of repayment by the giving of a worthless mortgage, or by failure of the payor of the taxes to use bookkeeping methods which would have disclosed more clearly

State v. Depaz

165 Wash. 2d 842 · Washington Supreme Court · Apr 2, 2009

Court rules establish the procedures for replacing a juror who has been excused during jury deliberations. See CrR 6.5. … The transcript clearly indicates that she voluntarily admitted to talking to her husband about the case.

State v. Waller

197 Wash. 2d 218 · Washington Supreme Court · Feb 25, 2021

Waller (Anthony Thomas), No. 98326-7 uncontroverted record establishe[d] the court did not amend the judgment and sentence,” and then concluded that the trial court had not vacated the judgment. Id. … RAP 2.2(b) sets out an exclusive list of orders from which the State may appeal and limits even that list with the qualifier, “only if the appeal will not place the defendant in double jeopardy.”

Gruen v. State Tax Commission

35 Wash. 2d 1 · Washington Supreme Court · Nov 5, 1949

If a reasonable doubt appears, it should be resolved in favor of the validity of the law, the presumption being “that the statute in question is constitutional,” and the burden rests upon the attacking party to clearly establish … I, § 12, of the Washington state constitution, which reads: “Special Privileges and Immunities Prohibited.

Knack v. Department of Retirement Systems

54 Wash. App. 654 · Court of Appeals of Washington · Jul 5, 1989

If a *658 member had established ten or more years of Washington membership service credit or was eligible for retirement, the beneficiary or the surviving spouse if otherwise eligible may elect, in lieu of a cash refund … Clearly, the Legislature, in amending RCW 41.32-.520 to govern the benefits of survivors of those members who die prior to the first installment becoming due, intended to treat the two circumstances differently.

State v. Sturtevant

76 Wash. 158 · Washington Supreme Court · Oct 25, 1913

or shall be established.” … In the absence of any qualifying statute, and as between parties asserting private rights, this definition would ordinarily be accepted.

Port of Tacoma v. Parosa

52 Wash. 2d 181 · Washington Supreme Court · Apr 17, 1958

It is provided in the act that qualified voters of the proposed city or town equal in number to twenty per cent of the votes cast at the last state election may petition for incorporation. … Where the validity of a statute is assailed, there is a presumption of the constitutionality of the legislative enactment, unless its repugnancy to the constitution clearly appears or is made to appear beyond a reasonable

State Of Washington v. Robert Guy Osborn

Court of Appeals of Washington · Apr 15, 2019

RCW 69.50.315 Osborn asserts that he was immune from prosecution pursuant to RCW 69.50.315(2). … There was no evidence that established that medical aid was given to Osborn.

Washburn v. Beatt Equipment Co.

120 Wash. 2d 246 · Washington Supreme Court · Nov 25, 1992

The "not reasonably safe" standard was established by the definition of a manufacturer's duty to which no exception was taken. … The statute also evidences legislative intent that certain entities' share of fault not be at all recoverable by a plaintiff; for example, the proportionate shares of immune parties.

Berge v. Gorton

88 Wash. 2d 756 · Washington Supreme Court · Jul 7, 1977

This complaint fails to allege facts establishing a claim based upon either a theory of abuse of discretion or a clearly incorrect decision on the part of the Attorney General. … I at no time indicated to the court, as you know, that this office had any intention of seeking to recover money dispersed to qualified students under the tuition supplement program the previous year, at a time when the statute

Adams v. Hinkle

51 Wash. 2d 763 · Washington Supreme Court · Feb 27, 1958

As the press has business aspects, it has no special immunity from laws applicable to business in general.... … We cannot give some constitutional rights a preferred position without relegating others to a deferred position; we can establish no firsts without thereby establishing seconds.