Justia Washington Supreme Court Opinion Summaries

Pepper and Clarice Kirkendoll hired loggers to harvest their trees. But Pepper Kirkendoll misrepresented the boundaries of his and Clarice's land, and the loggers harvested trees belonging to the neighbors, Jerry Porter and Karen Zimmer. Porter and Zimmer sued the Kirkendolls and the loggers. The loggers settled with Porter and Zimmer and assigned to them their indemnity and contribution claims against the Kirkendolls as part of that settlement. The remaining parties then filed separate motions for summary judgment. The trial court dismissed the case, ruling that the settlement released the Kirkendolls from liability and that Porter and Zimmer had no valid contribution or indemnity claims. The Court of Appeals reversed, making a series of holdings. It held that the settlement did not release the Kirkendolls from potential liability for their own tort of directing the timber trespass. It held that Porter and Zimmer could proceed with their assigned indemnity claims, but not with their assigned contribution claims. And it held that Porter and Zimmer were precluded from recovering under the waste statute because relief was available under the timber trespass statute. After review, the Washington Supreme Court affirmed the appellate court's holdings that the settlement did not release the Kirkendolls from liability and that Porter and Zimmer were precluded from recovering under the waste statute. But the Court reversed the appellate court's holding on the indemnity and contribution claims. View "Porter v. Kirkendoll" on Justia Law

In 2015, Petitioner Randall Hoffman submitted a public records request to the Kittitas County Sheriff’s Office seeking police reports referencing an individual, Erin Schnebly. The clerk at the sheriff’s office did not locate any photos or videos, though the office’s electronic case management system indicted there were 95 photographs and 2 videos related to responsive reports. The clerk, telephoning Hoffman for clarification, stated she could not find any involvement by Hoffman in the incidents, and had not found any photos or videos. Based on an erroneous interpretation of RCW 42.56.050 which the parties agreed was indeed, erroneous, the clerk told Hoffman that because he was not a party involved in the reports, she could not release a majority of the documents found. Hoffman sued respondents Kittitas County and the Kittitas County Sheriff’s Office (hereinafter collectively County), alleging that the clerk’s initial response violated the Public Records Act. Hoffman argued the trial court's finding that the agency respondents lacked bad faith was reviewable de novo. But the Washington Supreme Court reviewed for abuse of discretion when imposing a penalty pursuant to the PRA, in line with the prevailing case law. The Court determined the trial court did not abuse its discretion by imposing a $15,498 penalty. View "Hoffman v. Kittitas County" on Justia Law

The federal district court for the Western District of Washington certified a question of state law to the Washington Supreme Court. Money Mailer, LLC and Wade Brewer entered into a franchisor/franchisee relationship. In 2015, Money Mailer sued Brewer alleging breach of contract and for nearly $2 million in damages. Brewer counterclaimed, arguing among other things that Money Mailer violated the Franchise Investment Protection Act (FIPA) by selling him "products and services ... at more than a fair and reasonable price," contrary to RCW 19.100.180(2)(d). Brewer moved for partial summary judgment on the alleged FIPA violation. The district court found undisputed Money Mailer sold printed advertisements to Brewer at twice the price at which Money Mailer obtained and/or produced them. The court determined this markup violated RCW 19.100.180(2)(d) as a matter of law, and on this ground, granted in part Brewer's motion. In concluding Money Mailer's behavior violated the FIPA, the district court relied on two conclusions regarding Washington law: (1) the Court impliedly found that a franchisee may generally rely on the price at which a franchisor purchased a particular good or service to show what the "fair and reasonable price" for that service is; and (2) that selling a franchisee a particular good or service for twice what it cost the franchisor was not a "fair and reasonable price" and violated FlPA as a matter of Washington law. The federal court certified those conclusions as questions, asking the Washington Supreme Court to clarify whether those two rules of law were correct. After review, the Supreme Court answered "no" to both. A "fair and reasonable price" in RCW 19.100.180(2)(d) was a question of fact involving what prudent franchisors and franchisees in similar circumstances would regard as an appropriate price. "The circumstances must take into account the forces of the marked...whether Money Mailer violated the FIPA remains a question of fact to be determined by the district court." View "Money Mailer, LLC v. Brewer" on Justia Law

This case concerned whether the city of Tacoma (City) could be held liable for damages for imposing an unlawful condition on a building permit. The Church of the Divine submitted an application to the City to build a parsonage on property it owned. A single-family residence had previously been located on the property, but it had been demolished in 2012. City staff reviewed the permit application and placed a number of conditions on it, including, at issue here, a requirement that the Church dedicate a 30-foot-wide strip of land for right-of-way improvements to a street abutting the property. While the existing street was generally 60 feet wide in other areas, it was 30 feet wide next to the Church's property. This lack of uniformity had existed for around 100 years. The Church challenged the permit conditions, and the City eventually removed most of them but kept the requirement for a dedication. The Church appealed the decision to the City's hearing examiner, and the hearing examiner granted summary judgment in favor of the City. The Church appealed under the Land Use Petition Act (LUPA), in which it challenged the hearing examiner's decision and also sought damages under RCW 64.40.020. In addressing the propriety of the dedication, the court confined its review to the administrative record that had been before the hearing examiner and acknowledged that, in that record, the stated purpose by the City for imposing the dedication requirement was to create a uniform street. The court held that this reason was insufficient to justify the requirement and reversed the hearing examiner, invalidating the condition. A trial court denied the Church’s request for damages and the Church appealed. The Court of Appeals affirmed the trial court. The Washington Supreme Court revered however, finding that the City's subjective belief that the dedication was lawful did not determine what it objectively should reasonably have known. The Court of Appeals erred in reasoning otherwise. The matter was remanded for a new trial. View "Church of the Divine Earth v. City of Tacoma" on Justia Law

Police were dispatched to petitioner Michael Boisselle's home after two anonymous 911 calls reported that a man named Mike shot and possibly killed someone at the residence. While responding to the calls, officers learned the residence was related to an ongoing missing person/homicide investigation. Unable to determine whether someone was alive inside the home, officers entered the residence and conducted a warrantless search, discovering evidence of a murder therein. Boisselle moved to suppress the evidence, arguing the officers' warrantless search was unlawful under article I, section 7 of the Washington Constitution. The trial court denied Boisselle's motion, concluding that the officers' search fell within the emergency aid function of the community caretaking exception to the warrant requirement. Boisselle was convicted by jury of second degree murder and second degree unlawful possession of a firearm. The Court of Appeals affirmed his convictions. The Washington Supreme Court found the officers’ warrantless search of Boisselle's home was a pretext for a criminal investigation because the officers had significant suspicions of criminal activity, the officers' entry was motivated by the desire to conduct an evidentiary search, and there was no present emergency. Accordingly, the search did not fall within the emergency aid function of the community caretaking exception, and thus violated article I, section 7. Therefore, the Court held the trial court’s findings of fact did not support its conclusions of law and the trial court erred in denying Boisselle's motion to suppress. The Court of Appeals’ judgment was reversed and the case remanded back to the trial court for further proceedings. View "Washington v. Boisselle" on Justia Law

A.M. (juvenile) appealed an unpublished Court of Appeals decision affirming her conviction for possession of a controlled substance. She argued: (1) it was manifest constitutional error for the trial court to admit a detention center inventory form where she signed a sworn statement indicating that a backpack, which was discovered to contain methamphetamine, was her property because it violated her right against self-incrimination; and (2) the affirmative defense of unwitting possession was an unconstitutional burden-shifting scheme that violated her due process rights. After review, the Washington Supreme Court held the admission of the inventory form was manifest constitutional error because it violated her right against self-incrimination and warranted reversal because it was not harmless error. Because the Court found reversible constitutional error, it declined to consider A.M.'s due process argument. The case was remanded back to the trial court for further proceedings. View "Washington v. A.M." on Justia Law

Two Tonasket voters petitioned to recall City Council member Jill Ritter from office. The petition made six allegations relating to improper influence over a police investigation of a relative’s son, improperly reviewing police personnel records, certain public statements made about Tonasket police, and conspiracy to disband the police force. The superior court determined all allegations were insufficient to warrant a recall election; finding no reversible error, the Washington Supreme Court affirmed that decision. View "In re Recall of Ritter" on Justia Law

Two Tonasket voters petitioned to recall City Council member Christia “Teagan” Levine from office. The petition alleged Levin committed five violations relating to certain city personnel actions, conspiracy to remove the City Attorney and cause the Mayor to resign as part of an illegal quorum, withholding public records, and conspiring to disband the city police force. After a hearing, the trial court dismissed all charges, finding them factually and legally insufficient to sustain further action. Finding no reversible error in that judgment, the Washington Supreme Court affirmed. View "In re Recall of Levine" on Justia Law

A recall petition was filed against the Mayor and three Cathlamet council members; charges stemmed from Cathlamet’s purchase of a parcel of property at 20 Butler street. The petition alleged a violation of the Washington Constitution as a gift of public funds to the seller of the Butler Street property, Bernadette Goodroe. One additional charge against one town counselor alleged violation of RCW 42.23.070(2), prohibiting municipal officials from giving or receiving gifts related to their official capacities. The Washington Supreme Court determined the charges in the recall petition was legally insufficient, because acquisition of real property is a fundamental government purpose and discretionary act that was not manifestly unreasonable under the circumstances of this case. Accordingly, the Supreme Court affirmed the superior court. View "In re Recall of Burnham" on Justia Law

Petitioner Freedom Foundation filed a public records request for documents relating to union organizing by several University of Washington (UW) faculty members. The UW asked one of the faculty to search his e-mail accounts for responsive records, and after reviewing those records, gave notice that it intended to release many of them in the absence of an injunction. Respondent Service Employees International Union 925 sued to enjoin release of any union-related records, arguing they were not "public records" under 42.56 RCW, the Washington Public Records Act. The trial court granted the injunction and the Court of Appeals affirmed. The Foundation petitioned the Washington Supreme Court for review, arguing that the "scope of employment test" employed by the trial court and affirmed on appeal, only applied to records stored on an employee's personal device, and should not have been extended to records on public agencies' e-mail servers. The Supreme Court agreed, reversed and remanded. View "Serv. Emps. Int'l Union Local 925 v. Univ. of Wash." on Justia Law