The following cases have been categorized as Landmark Cases, either because they were identified as significant in The Washington State Constitution by Justice Robert Utter and Hugh Spitzer, or because they have been cited more than 50 times, or both. This list is a work-in-progress; more cases will be added over time.
See also: presentations sponsored by the Washington Courts Historical Society.
Facts: Petitioner Valentine Miller was named as a defendant in a civil suit filed in the Superior Court for Spokane County. Miller subsequently filed a motion for a change of venue to the Superior Court for Adams County, asserting that the Superior Court for Spokane County was without jurisdiction to try the case as he was a resident of Adams County and had been served with process there. Read more…
Facts: Respondent Alvin Kincaid filed suit against the City of Seattle in the Superior Court for King County after Kincaid’s property was damaged by the grading of a street. The jury returned a verdict for Kincaid, awarding him damages equivalent to the cost of restoring the property to its original condition by removing the fill and constructing a bulkhead. Read more…
Facts: The plaintiffs sought a writ of mandate from the Superior Court for Spokane County compelling the commissioners of the city of Spokane to remove supports undergirding railway overpasses that had been constructed by the city, asserting that the city lacked the authority to construct such overpasses and supports. The trial court dismissed the action, ruling that plaintiffs were estopped from bringing it after the tracks and supports had already been constructed. Read more…
Facts: Petitioner John Bruen was charged with unprofessional conduct and disbarred by the state board of law examiners after a hearing pursuant to Chapter 115 of the Laws of 1917. Bruen subsequently filed a petition for review with the Supreme Court of Washington, asserting that Chapter 115 was inconsistent with the Washington State Constitution insofar as it vested judicial functions in an administrative board.
Question(s): Does Chapter 115 violate the separation of powers provided for by the Washington State Constitution?
Conclusion: Justice Holcomb’s opinion for the Court held that provisions of Chapter 115 permitting the board of law examiners to issue final orders of disbarment was unconstitutional as the state constitution vested in the Court the exclusive power to admit and disbar attorneys from practice. Read more…
Facts: The voters of King County authorized the issuance of bonds to raise funds to provide relief for indigent and disabled county residents in 1932. Subsequently, the voters of the state of Washington passed Initiative 94 in 1934, which placed limitations on the ability of the state government and of local governments to tax real and personal property. Read more…
Facts: Petitioner Lou Fisch and respondent Nannie Marler countersued each other in the Superior Court for Pierce County subsequent to Fisch’s refusal to pay Marler alimony after her remarriage. Fisch brought an action to set aside the divorce decree dissolving his marriage to Marler on grounds that the marriage had been void while Marler brought an action to garnish Fisch’s wages in order to enforce her claim for unpaid alimony. Read more…
Facts: Petitioner Lois Martin filed suit against respondent Karl Seigel in the Superior Court for King County seeking specific performance of a contract to sell real estate. The trial court dismissed Martin’s claim, ruling that the earnest money receipt describing the property was insufficient to satisfy the statute of frauds and therefore unenforceable. Read more…
Facts: Petitioner James Robbins was convicted of grand larceny in the Superior Court for King County after the trial court admitted testimony from Robbins’ wife that she had applied for a license plate and certificate of title under a false name for an automobile that Robbins had stolen while Robbins waited outside. Read more…
Facts: Petitioner Merle McUne filed suit against respondent Al Fuqua in the Superior Court for Yakima County after sustaining injuries in an automobile accident while riding as a passenger in Fuqua’s car. Although the jury returned a verdict for McUne, the trial court granted Fuqua’s motion for judgment notwithstanding the verdict as it ruled that Washington Revised Code §46.08.080, which prohibits non-paying guests riding as passengers from recovering damages from the owners and operators of motor vehicles as a result of automobile accidents, barred McUne’s action and that newly discovered evidence suggested that McUne’s injuries were attributable to a preexisting condition. Read more…
Facts: Petitioner Albert Hull filed suit in the Superior Court for King County to enjoin the construction of an apartment building by respondent A.A. Hunt that exceeded height limitations established by city zoning regulations on property adjacent to Hull’s. Read more…
