Case law

Beezer v. City of Seattle

60 Wash. 2d 239 · Washington Supreme Court · Jul 12, 1962

This is clearly a declaration of the public policy of the state, dating back thirty years, and is in no sense an attempt to exercise a veto over said project. [2] Whether the Federal Power Commission can confer powers of … In our opinion Seattle's right to acquire these properties by the exercise of the power of eminent domain under Section 21 of the Federal Power Act is well established. FPC v.

State Of Washington v. Brandon Farmer

Court of Appeals of Washington · Sep 19, 2017

The distinction between an immunity agreement and a benefit really is not something that this jury is capable of understanding. You know, immunity has a distinct legal definition to it. … Farmer argues that these statements were blatant misrepresentations and that Titus was clearly not motivated by the need to tell someone about the incident.

Boyer v. State

19 Wash. 2d 134 · Washington Supreme Court · Oct 7, 1943

On April 1, 1927, the land commissioner filed a replat of “Ballard Tide Lands,” including therein the lands involved in this action, and established in the replat certain waterways adjacent to appellant’s lands. … Finally, a proposal was made, at whose instance the record does not clearly disclose, that an appraisal of the value of the improvements be obtained and, if the report of the appraiser should be satisfactory to all concerned

In Re the Estate of Eberle

4 Wash. App. 638 · Court of Appeals of Washington · Apr 7, 1971

The co-executors were duly qualified and letters testamentary issued on September 15, 1964, and the estate proceeded through administration, largely under the nonintervention powers set forth above, and with some complications … We find that this clause is not a specific enough statement to overcome the well-established usual rules regarding tax liability.

Lewis v. Department of Licensing

125 Wash. App. 666 · Court of Appeals of Washington · Feb 7, 2005

Clark, the Washington Supreme Court did not follow its analysis in Wanrow, but instead addressed the threshold issue of whether the conversations were private. 39 It did not reach the question whether the recording qualified … The in-car video provision dictates the conditions under which law enforcement personnel can record a traffic stop conversation even though the communication may be “private.” ¶22 Section 9.73.090(1) clearly states that the

Stanzel v. City of Puyallup

209 P.3d 534 · Court of Appeals of Washington · Jun 16, 2009

Exhaustion of administrative remedies is a prerequisite to obtaining a decision that qualifies as a decision reviewable under LUPA. Ward v. … The exhaustion of remedies doctrine applies "in cases where a claim is originally cognizable by an agency which has clearly defined mechanisms for resolving complaints by aggrieved parties and the administrative remedies

State v. Koslowski

209 P.3d 479 · Washington Supreme Court · Jun 18, 2009

We have previously stated that three "closely connected requirements" must be satisfied for a hearsay statement to qualify as an excited utterance, including, (1) a startling event or condition must have occurred, (2) the … The first and third requirements are met here because the underlying robbery clearly constituted a startling event and Ms.

In re Recall of Sun

Washington Supreme Court · Apr 25, 2013

Legal sufficiency requires that the petition state, with specificity, substantial conduct clearly amounting to misfeasance, malfeasance, or violation of the oath of office. … Erickson and Sun then allegedly commenced signing off on building permits, despite the fact that neither was qualified to do so.

In Re Crabtree

9 P.3d 814 · Washington Supreme Court · Sep 14, 2000

The Aho case is a subsequent change in the law that may qualify as "good cause" for granting the petition. petitions because they were time-barred due to the fact that none of the RCW 10.73.100 exceptions to the one-year … Aho represents an intervening change in the law, thus establishing good cause to grant Crabtree's personal restraint petition.

Manna Funding, LLC v. Kittitas County

Court of Appeals of Washington · Feb 28, 2013

: "Every person who, under color of any statute, ordinance, regulation ... of any State ... subjects, or causes to be subjected, any citizen of the United States ..' . to the deprivation of any rights, privileges, or immunities … The request for costs is denied because the costs requested do not qualify as court costs. 27 No. 30539-2-III Manna Funding v.

Ward v. Coldwell Banker/San Juan Properties, Inc.

74 Wash. App. 157 · Court of Appeals of Washington · Jun 7, 1994

Coldwell’s guaranty was clearly in the buyers’ interest, enabling them to obtain financing and purchase the house. … It is only necessary for Wards to establish that they may have refused to permit their agent to guarantee the buyers’ *171 loan.

State v. Higgins

75 Wash. 2d 110 · Washington Supreme Court · Jan 2, 1969

In other words, a juror who could not understand the simple concept embodied in the instruction given could hardly be deemed qualified to serve at all. … The legislature, in enacting statutes establishing eminent domain practices, had a choice of these procedures.

Stastny v. Board of Trustees of Central Washington University

32 Wash. App. 239 · Court of Appeals of Washington · Jun 17, 1982

Sellers, supra at 324-25, we cannot say the findings of fact entered by the Board are clearly erroneous. … He argues the recommendations were based on irrelevant and prejudicial considerations and his colleagues were not qualified as expert witnesses to give their opinions as to whether he should be dismissed. *249 We need not

Wood v. Royal Bank of Canada

3 Wash. 2d 308 · Washington Supreme Court · Mar 28, 1940

The husband was named in the will as executor and qualified as such. The property of the estate was appraised at $565,740.16; of this amount, $483,367.20 represented the value of the shares of E. K. … Of this section, we said, in In re Wolfe’s Estate, 186 Wash. 216 , 57 P. (2d) 1066 , that it reposes in the trial court a wide discretion, which should not be controlled by this court in the absence of evidence clearly establishing

Utter v. STATE, DEPT. OF SOC. & HEALTH SER.

165 P.3d 399 · Court of Appeals of Washington · Aug 21, 2007

. ¶ 14 Utter contends that "[his] state constitutional claim is the only clearly recognized basis under the APA in this case." Br. of Resp't at 16. … Based on well-established policy, we decline Utter's request to do so. State v.

State ex rel. Pacific Telephone & Telegraph Co. v. Department of Public Service

19 Wash. 2d 200 · Washington Supreme Court · Oct 22, 1943

This court does not sit as a board of revision with power to review the action of administrative agencies upon grounds unrelated to the maintenance of constitutional immunities. Los Angeles Gas & Electric Corp. v. … The city of Elmhurst attacked the rates, contending that the rate schedule established unreasonable differences between localities and classes of service, in contravention *275 of the statute of the state establishing the

Young v. Savidge

230 P.3d 222 · Court of Appeals of Washington · Apr 27, 2010

[RCW 7.70] clearly states that [it] modifies procedural and substantive aspects of all civil actions for damages for injury occurring as a result of health care, regardless of how the action is characterized." … "[T]he learned professions are not immune [under] chapter 7.70 RCW[] from CPA claims."

SMART-TD Local 161 v. WeDriveU Inc

District Court, W.D. Washington · Aug 12, 2021

In Leeson, the question before the Court 23 was whether the plaintiff qualified as a “plan participant” under § 1132. Id. at 978. … This 9 matter is therefore clearly distinguishable from Leeson because there is no colorable 10 claim that Plaintiff is a plan participant with standing to sue.

Stanzel v. Pierce County

150 Wash. App. 835 · Court of Appeals of Washington · Jun 16, 2009

Exhaustion of administrative remedies is a prerequisite to obtaining a decision that qualifies as a decision reviewable under LUPA. Ward v. Bd. of Skagit County Comm’rs, 86 Wn. … The exhaustion of remedies doctrine applies “in cases where a claim is originally cognizable by an agency which has clearly defined mechanisms for resolving complaints by aggrieved parties and the administrative remedies

Utter v. Department of Social & Health Services

140 Wash. App. 293 · Court of Appeals of Washington · Aug 21, 2007

Based on well-established policy, we decline Utter’s request to do so. State v. … But instead of assuming that he was incompetent and dismissing the charges against him, the State initially sought and obtained a court order under RCW 10.77.060 for at least one qualified expert to examine and report on