Case law

W. Plaza, LLC v. Tison

Washington Supreme Court · Nov 25, 2015

To answer these questions, we apply well-established principles of statutory interpretation to chapter 59.20 RCW. … The MHLTA thus contemplates a presumptive lease term of one year (which is clearly enforceable under RCW 59.04.01 0) and adds a qualified statutory (not absolute contractual) right to renewal.

State v. McNeal

175 P.3d 1139 · Court of Appeals of Washington · Jan 23, 2008

435 (2000) and Blakely , [10] because the State's charging information failed to "allege the existence of the condition precedent to the application" of the RCW 69.50.408(1) sentencing-doubling provision, namely his prior qualifying … Because McNeal cannot show a disadvantage flowing from this new sentencing procedure on remand, he does not establish an ex post facto violation. V.

Ks Tacoma Holdings v. Shorelines Hearings

272 P.3d 876 · Court of Appeals of Washington · Jan 24, 2012

To qualify as an "aggrieved" person for purposes of establishing its standing under the SMA, KS Tacoma must put forth factual allegations demonstrating the following conditions: (1) The agency action has prejudiced or is … feasible consistent with the overall best interest of the state and the people generally. ¶ 18 RCW 90.58.020's hierarchy of land use preferences and stated policy of protecting the public's enjoyment of our State's shorelines clearly

In Re Marriage of Daubert

99 P.3d 401 · Court of Appeals of Washington · Dec 16, 2004

Johnson disputed the extent of the need for orthodontia and asserted he was qualified to provide what portion was necessary. He asserted he was unaware of unreimbursed medical expenses. … The context clearly requires us to conclude that the legislature did not intend the use of the term child support schedule in RCW 26.19.090(1) to be as defined in RCW 26.19.011(2).

In re the Estate of Wimberley

186 Wash. App. 475 · Court of Appeals of Washington · Jan 29, 2015

be created with such qualifying assets. … Wimberley’s intention clearly and inexplicably and it is those intentions which govern this proceeding.

Wolf v. City of Aberdeen

District Court, W.D. Washington · Feb 19, 2025

And even if there were false statements about the utility and 2 sewage allegations, those statements were not “material to the finding of probable cause,” which 3 was clearly established for the citations of the six-foot … is insufficient to establish probable cause.”)

Quadrant Corp. v. American States Ins. Co.

76 P.3d 773 · Court of Appeals of Washington · Sep 22, 2003

The Washington Supreme Court's decision in Kent Farms allowing coverage despite the pollution exclusion establishes that the Insureds' argument is incorrect. … These clauses were clearly intended to exculpate insurance companies from liability for massive environmental cleanups required by CERCLA and similar legislation.

DIGITAL EQUIP. v. State, Dept. of Rev.

916 P.2d 933 · Washington Supreme Court · May 23, 1996

Michigan Dep't of Treasury that a similar tax imposed by Michigan violated the constitutional doctrine of intergovernmental tax immunity because it treated federal employees differently from state employees. [37] After Davis … Kuraski, manager of federal and state income tax audits for Digital, in support of Digital's motion for partial summary judgment that: Digital did not pay any qualifying extracting or manufacturing gross receipts taxes to

Koonwaiyou v. Blinken

District Court, W.D. Washington · Mar 20, 2024

It also includes establishing a “reasonable basis both in law and 16 fact.” Abela v. Gustafson, 888 F.2d 1258, 1264 (9th Cir. 1989). … “A position 2 that was ‘not contrary to clearly established law’ is thus substantially justified.” Id.

State v. Swan

114 Wash. 2d 613 · Washington Supreme Court · Jun 22, 1990

The trial court denied the motion for a new trial, concluding that the presence of a Josh in the day-care center was something that was clearly discoverable in advance of trial. … Ascertaining *653 whether the rebuttal evidence is in reply to new matters established by the defense, however, is a difficult matter at times.

Conant v. State

197 Wash. 21 · Washington Supreme Court · Nov 18, 1938

The following is paragraph A, under the heading “Inefficient Methods of Administration”: “The Commission’s failure to establish clearly defined policies and to maintain them consistently has resulted in the State staffs and … Section 9987 merely defines the length of residence in the county required to qualify a pauper to call upon the commissioners for relief.

In Re The Marriage Of: Leslie Mccann, And Jeffery Mccann

Court of Appeals of Washington · Aug 20, 2018

Huffer was not qualified to diagnose Orr with a psychiatric disability, that conclusion is supported by substantial evidence. … Therefore, Orr has not established the trial court violated the rule.

D'Amico v. Jefferson County

District Court, W.D. Washington · Feb 1, 2021

by 1992, SSNW had established a limited nonconforming use by virtue of its predecessor's 16 security services on the site. … at Fort Discovery until court order is complied with in full. 3 Please tell them no qualifying at Fort Discovery.”

Waremart v. Progressive Campaigns, Inc.

139 Wash. 2d 623 · Washington Supreme Court · Dec 16, 1999

Clearly the legislature was not required to go further, and we think it has not done so." State ex rel. Case, 81 Wash. at 646-47 , 143 P. 461 (emphasis added). … Superior Court, 81 Wash. 623 , 143 P. 461 (1914) without adding to it in any meaningful way. [2] Qualifying an initiative for the ballot is not constitutionally required to be an effortless process.

National General Insurance Company, App V. Andrew Hamblin

Court of Appeals of Washington · Sep 26, 2022

National objected noting that Dietz was not qualified as an accident reconstruction expert. … National’s deposit of an amount it determined was the extent of its liability did not immunize the company from Hamblin’s claims. National, citing Norris v. Church & Co., Inc., 115 Wn.

McLean v. United States

District Court, E.D. Washington · Apr 16, 2025

Legal Standard 8 The federal government enjoys immunity from suit, see F.D.I.C. v. … Meyer, 9 510 U.S. 471, 475 (1994), except in cases like the FTCA where it has waived 10 sovereign immunity under a respondeat superior theory, see Blackburn v.

State v. Pierce

94 Wash. 2d 345 · Washington Supreme Court · Sep 25, 1980

From these findings and the record, it was established that the defendant was caught in the act of a daylight armed robbery of a jewelry store in Renton. … Yet the exception to the rule was recognized by the same division a few days earlier by this qualifying statement: "unless of course he chooses to voluntarily waive his prior demand for an attorney." State v.

Newmont USA Ltd. v. American Home Assurance Co.

795 F. Supp. 2d 1150 · District Court, E.D. Washington · Jun 13, 2011

The policyholder has the burden of showing the property damage qualifies as an occurrence. … Plaintiffs, as the policyholders, will still have the burden of showing the claimed property damage qualifies as an occurrence.

Rathod v. Providence Health & Services

District Court, W.D. Washington · Nov 21, 2022

Zimmer to establish 15 both the standard of care and causation. Dr. … Corporate Liability 4 5 The United States has not waived its sovereign immunity for claims

Rekhter v. Dep't of Soc. & Health Servs.

Washington Supreme Court · Apr 3, 2014

Pillsbury Non-Qualified Pension Plan, 458 F.3d 748 (8th Cir. 2006), is misplaced. … DSHS's timely notice of appeal clearly encompassed the trial court's ruling on the client class.