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Name Category Published
City of Spokane Sewer Dept. v. State
Appellate court rules city's sewage collection should be taxed at public utility rate.
Taxation May 14, 2001
City of Moses Lake v. Grant County Boundary Review Board
Writ of prohibition only appropriate when state acting outside its jurisdiction and injured party does not have access to adequate legal remedy.
Civil Procedure May 14, 2001
Goggeil v. Okanogan County Mental Health Agency
Complaint against county must be brought in that county or two nearest judicial districts.
Civil Procedure May 14, 2001
Klickitat County v. Beck
Arbitrator's decision is not illegal or arbitrary where arbitrator had authority under collective bargaining agreement and decision based on fitness evaluation of deputy.
Employment Law May 14, 2001
M H 2 v. Sun M. Hwang
Statutory doubling of damages is not appropriate where there is no unlawful detainer.
Real Property May 14, 2001
State of Washington v. Austin
Detective on official police business who discovers marijuana by entering garage without permission conducts illegal search and seizure.
Criminal Law and Procedure May 14, 2001
State v. Grant
When prosecution argues alternative means of committing drunk driving offense, charging document need not state alternatives.
Criminal Law and Procedure May 14, 2001
Peckham v. Milroy
Court does not err in enjoining home day care business when covenant prohibiting home businesses was not abandoned and did not violate public policy.
Real Property May 14, 2001
Salt River Pima - Maricopa Indian Community School v. State of Arizona
Statute that deducts state funds for charter schools' by amount they receive from federal sources doesn't violate equal protection.
Constitutional Law May 14, 2001
City of Tucson v. Grezaffi
Tucson ordinance restricting smoking in restaurants is facially valid.
Government May 14, 2001
People v. Duran
Carjacking is lesser included offense of kidnapping for carjacking, and elements of carjacking should be treated same as elements for robbery.
Criminal Law and Procedure May 14, 2001
Kenney v. Read
Court may consider underlying contract in determining whether beneficiary has performed terms of credit.
Contracts May 13, 2001
Eide v. Washington Dept. of Licensing
Revocation of driver's license not appealable as a matter of right, but is subject to discretionary review.
Criminal Law and Procedure May 13, 2001
Overton v. Consolidated Insurance Co.
Question of whether insured expected or intended the damage that occurred is a question that remained when trial court dismissed insured's claims.
Insurance May 13, 2001
Hudson v. Condon
Three year statute of limitations begins tolling when claimant becomes aware of fraudulent modifications to partnership lease agreement.
Real Property May 13, 2001
Extradition of Artt
Order
May 13, 2001
Local Union I-369 v. Sandvik Special Metals Corp.
State court has jurisdiction over employee's claim to enforce arbitration provision of collective bargaining agreement.
Employment Law May 13, 2001
State v. Avila
Student's threats to teacher made to other students is sufficient to show intent where teacher learns of threats from others.
Criminal Law and Procedure May 13, 2001
Wood v. Lowe
Trial court properly denies request for attorney fees, costs and sanctions for denial of an alleged public records request.
Civil Procedure May 13, 2001
Robertson v. State of Washington Liquor Control Board
Federal Aviation Administration Authorization Act does not pre-empt state cigarette excise tax and seizure laws.
Civil Procedure May 13, 2001
State v. Combs
Polygraph examinations of released sex offender must be limited in scope to determine compliance with community placement order.
Criminal Law and Procedure May 13, 2001
Pederson v. Potter
Confession of judgment is 'final judgment on merits' for purpose of dismissing a claim based on res judicata.
Civil Procedure May 13, 2001
Johnson v. County of Kittitas
Surety may surrender persons released on bail if surety believes himself insecure.
Criminal Law and Procedure May 13, 2001
Green v. Mcallister
Court may not reduce jury award when it concludes award is not result of passion or prejudice.
Criminal Law and Procedure May 13, 2001
Mearns v. Scharbach
Divorce results in automatic revocation of spouse's designation as primary beneficiary of insurance proceeds.
Probate and Trusts May 13, 2001
State v. Baggett
Defendant's diminished capacity and manner of holding rifle support conviction of unlawful display of firearm.
Criminal Law and Procedure May 13, 2001
Spence v. Kaminski
Restraining order, not based on recent act of domestic violence, is proper and violates neither state statute nor U.S. Constitution.
Criminal Law and Procedure May 13, 2001
Gardner v. Gardner (In the Matter of the Estate of Gardner)
Children of decedent's first wife remain residual beneficiaries and second wife takes 100 percent of pension proceeds as surviving spouse.
Probate and Trusts May 13, 2001
Era Sun River Realty Inc. v. Tri City Association of Realtors Inc.
Realtor waives right to subpoena witnesses by failing to request subpoena, voluntarily electing to proceed without them and stipulating hearing was fair.
Civil Procedure May 13, 2001
Mabe v. The Honorable Richard White
Superior Court does not have authority to adopt Local Writ Practice Rule that is inconsistent with statutory directives.
Civil Procedure May 13, 2001