In PUD No.1 of Okanogan County v. Peter Goldmak, Commissioner of Public Lands, No. 88949-0, the Washington Supreme Court ended a protracted dispute about the PUD’s authority to condemn an easement over the largest tract of publicly owned land in the Methow Valley for a high voltage transmission line The land was granted to
A Multi Agency Drug Task Force Not Immune from the PRA
In Worthington v. WestNET, No. 90037-0, the Washington Supreme Court considered the applicability of the Public Records Act (PRA), chapter 42.56 RCW, to a multiagency drug task force formed by several Washington municipalities and the federal Naval Criminal Investigation Service. Pursuant to Interlocal Cooperation Act (ICA), Chapter 39.34 RCW, the task force was not
Supreme Court Revives a Fair Campaign Suit Against BIAW
In Utter v. BIAW, No. 89462-1, the Washington Supreme Court reinstated the lawsuit by two retired Justices against the Building Industry Association of Washington. The lawsuit alleged that BIAW violated the Washington’s Fair Campaign Practices Act (FCPA), by failing to register as a political committee during the 2007-2008 Gubernatorial campaign. BIAW, a non-profit, formed
City of Yakima Denied Anti-SLAPP Protection
In Henne v. City of Yakima, No. 89674-7, the Washington Supreme Court concluded that the city of Yakima could not bring a motion to strike a police officer’s lawsuit against the city under the state anti-SLAPP statute, RCW 4.24.510. The officer sued Yakima for negligent hiring, training and supervision of his coworkers who, he
The Washington Supreme Court Reiterates that LUPA’s 21-Day Deadline is Absolute
In Durland v. San Juan County (No. 82293-8 & No. 89745-0) the Washington Supreme Court rejected a neighbor’s untimely Land Use Petition Act (LUPA) challenge of San Juan County’s permit to build an oversize garage. The neighbor received no actual or constructive notice of the permit’s issuance and missed the LUPA challenge deadline. The Washington
Community Group May Sue to Impose an Equitable Servitude
In Riverview Community Group v. Spencer & Livingstone, NO. 88575-3, the Washington Supreme Court held that an equitable servitude may arise by implication. The developer of a golf course complex and surrounding residential lots built in the 1980s sought to close down the golf complex and to plat the course into new residential lots.
The Supreme Court Upholds the Validity of Second-Hand Service of Process
In Scanlan v. Townsend, No. 89853-7, the Washington Supreme Court held that second-hand service of process — the process server delivered a copy of the summons and complaint to the home of defendant’s father, who later handed the summons and complaint to the defendant within the statute of limitations — met the requirements of
DTA Claim Requires An Actual – — Not Threatened — Foreclosure
In Lyons v. U.S. Bank Nat. Association, No. 89132-0, the Washington Supreme Court clarified that a damage claim by a borrower against a trustee for violations of the deed of trust act (DTA), chapter 61.24 RCW, fails as a matter of law in the absence of a nonjudicial foreclosure sale of the property. However,
Employee Bonus Invested in an LLC , Which Loaned Funds to the Employer, Is Not a “Rebate,” the Supreme Court Holds
In LaCoursiere v. Camwest Development, Inc., No. 88298-3, the Washington Supreme Court construed the Washington wage rebate act, chapter 49.52 RCW (“WRA”). CamWest paid the plaintiff, a former manager, several bonuses during his employment. Pursuant to his employment agreement, a portion of plaintiff’s bonus was directly invested in a related LLC that was established
The Supreme Court Makes Law in Attorney Malpractice Cases
In Schmidt v. Coogan, the Washington Supreme Court addressed two questions of first impression, whether collectability of the underlying judgment is an element of the plaintiff’s claim for legal malpractice and whether emotional distress (ED) damages are recoverable in a malpractice action. The Court held that collectability is not an element of the plaintiff’s
Mental Health Parity Act Mandates NDT Under Individual Plans
In O.S.T. v. Regence BlueShield, the Washington Supreme Court held that Regence’s exclusion of neurodevelopmental therapies (NDT) in individual policies violated the mental health parity act, RCW 48.44.341. The Court rejected Regence’s reliance on an earlier statute, RCW 48.44.450, which mandates NDT to children under seven in group plans only. The named plaintiffs were