Docket No. 71934-9 Facts: Petitioner Washington Public Ports Association filed a petition in the Superior Court for Thurston County seeking a declaratory judgment invalidating the leasehold excise tax provisions of Washington Administrative Code §458-29A-500. The Public Ports Association asserted that the contested regulations were not authorized by §82.29A.050 and violated Article 7 §1 and Article 8 §5 and §7 of the Washington State Constitution insofar as they allowed the Department of Revenue to hold port districts liable for the payment of leasehold excise taxes when the districts failed to notify the Department of Revenue that their lessees had not paid the tax. Continue reading
Blog Archives
Besel v. Viking Insurance Company of Wisconsin
Docket No. 71071-6 (from Court of Appeals Division III Case No. 16669-4) Facts: Petitioner Robert Besel was injured in an automobile accident caused by Mark Ralston. Ralston’s automobile insurer, respondent Viking Insurance Company of Wisconsin, subsequently refused to pay Besel’s medical bills as they exceeded the coverage limits of Ralston’s policy, leading Besel to reach a separate settlement with Ralston in which Ralston agreed to assign all of his claims against Viking Insurance Company to Besel in exchange for Besel agreeing not to execute the $175,000 judgment he had obtained against Ralston. Continue reading
Hubbard v. Spokane County
Docket No. 70975-1 (from Court of Appeals Division III Case No. 18819-1) Facts: Petitioner Wallis Hubbard was dismissed from his position as director of the Spokane County Planning Department after disputing the county’s plans to build a new hotel at the airport, having argued that the project violated zoning and building codes. Hubbard subsequently filed suit against the county in the Superior Court for Spokane County, alleging that his dismissal constituted a wrongful termination in violation of public policy. Continue reading
Doe v. Gonzaga University
Docket No. 69456-7 (from Court of Appeals Division I Case No. 43437-3) Facts: An employee of Gonzaga University contacted the state agency responsible for teacher certification in the state of Washington and disclosed allegations of sexual misconduct against a student (petitioner John Doe) seeking certification as a teacher. As a result, the student was denied the affidavit of good moral character then required for state teacher certification, leading him to file suit against the university for, inter alia, violating the federal Family Educational Rights and Privacy Act (FERPA) of 1974. Continue reading
Island County v. Washington
Docket No. 64947-2 Facts: Respondent Island County filed suit in the Superior Court for Thurston County seeking a declaratory judgment that Washington Revised Code §36.105, which provided for the formation of community councils with authority over land use planning in counties made up entirely of islands with an unincorporated population in excess of 30,000, constituted special legislation in violation of Article II §28 (6) and Article XI §10 of the Washington State Constitution insofar as it applied only to Island County. The trial court granted Island County’s motion for summary judgment. Continue reading
Gerberding v. Munro
Docket No. 65059-4 Facts: Petitioner William Gerberding sought a writ of mandamus from the Supreme Court of Washington compelling Washington’s Secretary of State to place his name on the ballot notwithstanding Initiative 573, which imposed term limits upon federal and state officeholders. Gerberding alleged that Initiative 573 violated the Washington State Constitution insofar as it established non-incumbency as a new qualification for state office without formally amending the constitutionally stipulated qualifications. Continue reading
Kirk v. Mount Airy Insurance Company
Docket No. 65563-4 Facts: Petitioner Monica Kirk field suit against Mount Airy Insurance Company in the United States District Court for the Western District of Washington after Mount Airy Insurance Company failed to defend her against a lawsuit. Kirk claimed that this constituted a bad faith failure to defend that violated the terms of the professional liability policy the company had issued her. Continue reading
Hayes v. Seattle
Docket No. 62820-3 Facts: Respondent Michael Hayes filed suit seeking damages against the city of Seattle in the Superior Court for King County, alleging that the city had previously conditioned approval of his application for a building permit on a reduction in the size of the proposed development on arbitrary and capricious grounds in violation of Washington Revised Code §64.40.020. The trial court granted summary judgment to Hayes, concluding that the city had acted arbitrarily and capriciously and awarded Hayes damages. Continue reading
Fisher Properties, Inc. v. Arden-Mayfair, Inc.
Docket No. 55135-9; 55845-1 Facts: Respondet Fisher Properties filed suit in the Superior Court for King County against petitioner Arden-Mayfair after Arden-Mayfair ended its lease with Fisher Properties and refused to restore the leased property to its original condition. The trial court ordered Arden-Mayfair to pay damages totaling the amount required for restoration. Continue reading
Citizens for Clean Air v. Spokane
Docket No. 56366-7 Facts: In response to the plan of the respondent city of Spokane to construct a mass burn incinerator, petitioner Citizens for Clean Air filed suit against the city in the Superior Court for Spokane County, alleging that the city’s plans violated the State Environmental Policy Act of 1971 (Washington Revised Code §43.21C) insofar as the city had not prepared an adequate environmental impact statement. The trial court granted summary judgment to the city of Spokane, holding that Citizens for Clean Air had not exhausted its administrative remedies prior to filing suit and that it had not demonstrated that exhaustion would be futile. Continue reading