Case law

State Of Washington v. Cristian Delbosque

430 P.3d 1153 · Court of Appeals of Washington · Dec 4, 2018

Schreiber testified that Delbosque was currently classified as medium security and would qualify for minimum security except for the term of his sentence and an immigration detainer. … Heavin’s testimony clearly establish that the diminished culpability of youth relates to juveniles underdeveloped executive brain functioning, including increased risk taking, failure to appreciate consequences and responsibility

Cascade Floral Products, Inc. v. Department of Labor & Industries

142 Wash. App. 613 · Court of Appeals of Washington · Jan 15, 2008

Moving for summary judgment, the Companies argued that brush picking is not an “agricultural activity,” nor does it qualify as “forestation or reforestation” under the Act. … The ejusdem generis rule applies where lists of both general and specific terms are clearly associated in a sentence. Sw. Wash. Chapter, Nat’l. Elec. Contractors Ass’n, 100 Wn.2d at 116-17 .

Low Income Housing Institute v. City of Lakewood

77 P.3d 653 · Court of Appeals of Washington · Oct 14, 2003

whether the record before the Board and its findings establish that the Board decided whether Lakewood's Plan is consistent with Pierce County's CPP. … consider both goals and the specific requirements in determining whether a plan complies with the GMA: The board shall find compliance [with GMA] unless it determines that the action by the state agency, county, or city is clearly

R.B. v. C.W.

188 Wash. App. 799 · Court of Appeals of Washington · Jul 7, 2015

Because CW is TAW’s biological parent, he clearly had standing and a statutory right to participate in the termination proceedings and this appeal. … shall apply.” 25 U.S.C. § 1912 (f) states, “No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified

Hillis v. State, Dept. of Ecology

932 P.2d 139 · Washington Supreme Court · Mar 6, 1997

(c) which establishes, alters, or revokes any qualification or requirement relating to the enjoyment of benefits or privileges conferred by law.... … Nor should we immunize state government from the natural consequences of its lawlessness. Governmental immunity has been abolished by statute. See RCW 4.92.090; 4.96.010.

Cotton v. City of Elma

100 Wash. App. 685 · Court of Appeals of Washington · Apr 21, 2000

The appointed judge shall be qualified to hold the position of judge of the municipal court as provided in this chapter. … Clearly the City Council was deciding whether to confirm Cotton on a temporary basis.

PUBLIC UTILITY DIST. v. State, Dept. of Ecology

51 P.3d 744 · Washington Supreme Court · Jul 18, 2002

However the PCHB did not address the second sentence that "nothing in this chapter shall be construed to supersede or abrogate rights to quantities of water which have been established by any State," clearly indicating the … If the asserted definition of "pollution" in RCW 90.48.020 permits Ecology to establish minimum instream flows individually for each owner of an existing water right, this statute clearly conflicts with RCW 90.22.030, 90.54.900

Densley v. Department of Retirement Systems

173 P.3d 885 · Washington Supreme Court · Nov 15, 2007

He later established retroactive membership in PERS 1 to May 1977. … One clearly appears broader than the other.

Anderson v. United States of America

District Court, E.D. Washington · Jun 10, 2022

Mathews provided a written statement in which he discussed 22 the two restrictions he established for training on July 30th. Lt. Col. … Mathews had given him 9 instructions for additional restrictions on unit training, it would have been his duty 10 to clearly communicate those controls to Range Control.

State v. Grocery Mfrs. Ass'n

195 Wash. 2d 442 · Washington Supreme Court · Apr 16, 2020

Later that year, the attorney general was asked whether three specific organizations qualified as political committees. … Requiring subjective knowledge of illegality is clearly a narrow reading, not a liberal one.

In Re the Disciplinary Proceeding Against Simmons

59 Wash. 2d 689 · Washington Supreme Court · Mar 27, 1962

Ulrich qualified as guardian and at all times material hereto was the duly qualified and acting guardian of the person and estate of Frederick John Carroll, an incompetent, in Proceedings No. 110297 of the Superior Court … The evidence clearly shows that the account had been established in 1934, many years prior to the time Mrs. Carroll became a client of respondent, and that it was a joint account of her and Mr.

Derrick v. State of Washington

District Court, W.D. Washington · May 9, 2024

Derrick does not allege any conduct that falls 16 outside the scope of that immunity or dispute the applicability of prosecutorial immunity in his 17 objections. See generally Dkt. No. 8; see also Dkt. … For that reason, any amended complaint 23 must clearly identify the defendant(s), the claim(s) asserted, the specific facts that Mr.

Woodinville Water Dist. v. King County

21 P.3d 309 · Court of Appeals of Washington · Apr 16, 2001

The examiner reversed the grant of the conditional use permit, concluding that the District's existing facilities and operations did not qualify as legally established nonconforming uses. … That court reversed the hearing examiner's decision, concluding that the District's existing operation became established as a legal nonconforming use under zoning regulations in effect at the time that the conditional use

In The Receivership Of: Applied Restoration, Inc.

Court of Appeals of Washington · Dec 4, 2023

However, when a party makes repeated conditional threats to withhold payment due under a contract, such conduct may qualify as repudiation of the contract and an anticipatory breach that justifies the other party walking … As already established, that doctrine has no bearing in this context. III.

Volk v. DeMeerleer

Washington Supreme Court · Dec 22, 2016

In fact, we clearly stated that whether the patient is an inpatient or an outpatient is immaterial. I d. … Admission is proper provided the expert is qualified and his or her testimony is helpful. Id.

BROWN EX REL. RICHARDS v. Brown

239 P.3d 602 · Court of Appeals of Washington · Oct 10, 2010

testified that sometime in 2003 or 2004, Dottie arranged for them to meet with a "representative *605 of a reverse mortgage company" [3] who "explained the whole thing about the reverse mortgage and what you had to do to qualify … And no other section clearly contains private "rights-creating" language.

State of Washington v. Kevin Arther Peters

455 P.3d 141 · Court of Appeals of Washington · Sep 17, 2019

This court nonetheless directed the trial court to add the qualifier “under 16” because the statutory definition might not be readily apparent to someone outside the criminal justice system. … The Supreme Court rejected his contention that “sexually explicit” was vague, finding it to mean, based on dictionary definitions, “‘clearly expressed sexual’ materials or materials that are unequivocally sexual in nature

Williams v. Bunker Hill & Sullivan Mining & Concentrating Co.

190 F. 79 · U.S. Circuit Court for the District of Eastern Washington · Aug 3, 1911

The rule is well established that every servant assumes certain risks incident to his employment, and the application of that rule to the facts of this case is all that remains. As said by the court in Butler v. … All of these facts he admitted on cross-examination, but qualified them to this extent on redirect: “Q. Williams, what knowledge did you have of the danger of touching that wire with the hose? A.

Spokane County v. GROWTH MNGMT. HEARINGS

250 P.3d 1050 · Court of Appeals of Washington · Mar 7, 2011

A hearings board does "not have jurisdiction to decide challenges to site-specific land use decisions because site-specific land use decisions do not qualify as comprehensive plans or development regulations." Woods v. … And clearly it is. The challenged action was in fact legislative; it involved an amendment to a comprehensive plan.

Jordan v. Nationstar Mortgage, LLC

240 F. Supp. 3d 1114 · District Court, E.D. Washington · Mar 9, 2017

For example, the SAIs clearly show that the Enterprises instruct their servicers to comply with state law. … In other words, Congress’s intent to cloak the FHFA with the exclusive ability to operate the Enterprise does not immunize it (or the Enterprises) from compliance with state law.