Justia Washington Supreme Court Opinion Summaries

The State Department of Transportation and the Central Puget Sound Regional Transit Authority entered into an agreement that would lease a portion of I-90 to Sound Transit for light rail. For this, Sound Transit agreed to pay an amount equal to the State's contribution to construct the light rail lanes and for the value of a 40-year lease. The appellants in this case, individuals and a non-profit, contended this lease violated state law and the state constitution. Upon review of the matter, the Supreme Court concluded the lease did not violate state law or the constitution, and affirmed the trial court's judgment. View "Freeman v. Washington" on Justia Law

Rival hospice operators challenged the State Department of Health's decision to grant a certificate of need to Odyssey Healthcare Operating B, LP and Odyssey Healthcare Inc. in connection with the settlement of a federal lawsuit. The superior court revoked the certificate; the Court of Appeals reinstated the certificate. The Supreme Court affirmed the Court of Appeals. View "King County Pub. Hosp. #2 v. Dep't of Health" on Justia Law

At issue in this case was the siting of a wind powered energy facility under the energy facilities site locations act (EFSLA). The State Energy Facility Site Evaluation Council (EFSEC), after reducing the scope of the project applied for, recommended that the governor approve the project, which she did. Opponents of the project then sought judicial review under the Administrative Procedure Act (APA). The superior court certified the issue directly to the Supreme Court. Upon review, the Court found no basis to reverse the EFSEC's recommendation or the governor's approval of the project. View "Friends of Columbia Gorge, Inc. v. State Energy Facility Site Evaluation Council" on Justia Law

Respondent and rancher Joseph Lemire was directed by the state Department of Ecology to curb pollution of a creek that ran through his property. Respondent unsuccessfully challenged the order at the Pollution Control Hearings Board. He then filed an appeal at Superior Court. That court invalidated the agency order as unsupported by substantial evidence. Furthermore, the Superior Court concluded that the agency order constituted a taking. The Department appealed. The Supreme Court reinstated the Board's order and the underlying agency order, holding that Respondent failed to establish a taking. View "Lemire v. Dep't of Ecology" on Justia Law

In "Keller v. City of Spokane," (44 P.3d 845 (2002)), the Washington Supreme Court held that the duty to design and maintain reasonably safe roadways extended "to all persons, whether negligent or fault-free." This case presented an opportunity to clarify the relationship between questions of duty and legal causation in the context of a municipality's or utility's obligation to design and maintain reasonably safe roadways. In this case, the Court held that the reasoning of Keller equally supported a determination of legal causation. Therefore, if the jury finds the negligent placement of the utility pole too close to the roadway was a cause of plaintiff's injuries when defendant's car left the roadway and struck the pole then it was also a legal cause of plaintiff's injuries. View "Lowman v. Wilbur" on Justia Law

Chicago Title Insurance Company (CTIC) appointed Land Title Insurance Company as its agent for the purpose of soliciting and effectuating CTIC's insurance policies. Land Title violated the anti-inducement laws. The Supreme Court held that CTIC was responsible for Land Title's regulatory violations, pursuant to statutory and common-law theories of agency. "When the statute forbids the insurer or its agent from certain conduct, it means that the insurer may not do indirectly-through its agent-what it may not do directly." View "Chi. Title Ins. Co. v. Office of Ins. Comm'r" on Justia Law

The state Department of Social and Health Services found Petitioner Resa Raven neglected an elderly incapacitated person in her care. Petitioner challenged that finding, arguing that the evidence used against her could not be the basis of the Department's finding. The Supreme Court concluded that petitioner's good-faith determination that her ward opposed being placed in a nursing home could not serve as the basis for a neglect finding. Furthermore, the Court concluded that the evidence did not support the Department's determination that petitioner neglected her ward. View "Raven v. Dep't of Soc. & Health Servs." on Justia Law

At issue in this case was a dispute regarding one rural public hospital district's ability to provide services once it acquired a medical group that operated outside its boundaries (and within the boundaries of another's). The superior court granted a writ of prohibition against Skagit Valley to stop from operating within United General's boundaries. Skagit Valley challenged the superior court's decision to issue the writ. But finding that the trial court properly granted the writ of prohibition, the Supreme Court affirmed. View "Skagit County Pub. Hosp. Dist. No. 304 v. Skagit County Pub. Hosp. Dist. No. 1" on Justia Law

The trial court dismissed Appellant Richard Piel's suit against the City of Federal Way, finding that the existence of statutory remedies authorized under state law prevented him from establishing the "jeopardy prong" of his common law claim for wrongful termination. The Supreme Court took the opportunity of this case to better explain the jeopardy analysis and harmonize its recent decisions in "Cudney v. ALSCO, Inc." and "Korslund v. DynCorp Tri-Cities Services, Inc." with "Smith v. Bates Technical College." The "Smith" decision recognized that an employee protected by a collective bargaining agreement may bring a common law claim for wrongful termination based on the public policy provisions of RCW 41.56, notwithstanding administrative remedies available through the Public Employees Relations Commission. "Korsland" and "Cudney" did not alter "Smith's" holding. In this case, the Supreme Court reversed the lower court's dismissal and remanded this case for further proceedings. View "Piel v. City of Federal Way" on Justia Law

Applicants challenged a Department of Development and Environmental Services order declaring the use of the property at issue here was not compliant with King County zoning ordinances. The assertion was that the use was established before the ordinances were revised and characterized as non-conforming. The hearing examiner found for the landowner (and county) on all relevant issues, but the superior court reversed. The appellate court reversed the superior court, and the Supreme Court reversed the appellate court. The Supreme Court held that the landowner's use was not established within the meaning of the county code. View "King County Dep't of Dev. & Envtl. Servs. v. King County" on Justia Law