First, the Supreme Court agreed with the city that RCW 35A.82.020, which provides code cities with broad authority to impose business and occupation excise taxes, supplied the city with the appropriate taxing authority. The superior court dismissed the suit, Elster appealed and the Supreme Court affirmed, finding that the program was not unconstitutional.

However, even with a license, the licensee must still adhere to local laws, including zoning laws, before starting business. American Hotel & Lodging Association v. City of Seattle, 6 Wn. The Court held that under the plain language of RCW 77.55.021, the Department of Fish and Wildlifes jurisdictional grant of permitting authority included upland projects that meet the effects test set forth in RCW 77.55.011(11). Several jurors filed a complaint against the county, arguing that jury pay disparately excluded jurors from service based on economic status and that jurors were entitled to be paid minimum wage for their service. The court further held this was not a type of legislative action excluded from review under LUPA. App. Some of the records involved an on-going discrimination investigation. The court of appeals had applied the wrong standard. RCW 42.56.550(6) provides that PRA actions must be filed within one year of the agency's claim of exemption or the last production of a record on a partial or installment basis. The Court of Appeals ruled that the statute of limitations began to run on the day after the agency notified the requestor that it considered the request to be fulfilled. It noted that adoption of fees under that statute is a legislative function and that a proportionality analysis under RCW 82.02.020 is not required. Certain counties and the Washington State Association of Counties (WSAC) filed suit, claiming the unfunded mandate statute, which requires full reimbursement for new or increased responsibilities, required the State fully reimburse them for the costs. Whether time spent traveling out-of-town for agency-related work should be considered compensable hours worked under Labor and Industries regulations. Plaintiff Denney argued that the reports cannot constitute work product because they were prepared pursuant to city policy; the court rejected that argument, noting that protected documents can have a dual purpose. Kittitas County v. Allphin, 190 Wn.2d 691 (5/17/2018) After Kittitas County, in cooperation with the State Department of Ecology (DOE), brought a code enforcement action against Allphin, he filed a public records request with Kittitas County seeking access to enforcement records. Countys ordinance prohibiting the retail sale of marijuana in unincorporated areas of the county is valid. The court also noted that the sheriff said that the sheriffs office would continue to partner with public health officials to educate the public on the benefits and need for wearing masks in public. In evaluating recall allegations, the court does not determine whether the allegations are true or false but rather stands as gatekeepers to ensure that elected officials are not subject to recall for frivolous reasons. The challenge was not to the passage of the fee ordinance, it was to the payment of the fees imposed for a completed project permit application and that requires an appeal under LUPA. Conway took steps to remedy and requested meetings with the city, which were denied. The Supreme Courts role is to review the trial courts overall penalty assessment for abuse of discretion. Since the statutes do not provide explicit authority to impose a weed assessment against state owned lands, the court held the county cannot levy the special assessment against DOT. The trial court found that the initiative was beyond the scope of the local initiative power because it interfered with the duties and obligations of the Board of Health and council, and the local legislative authority to budget.

Uber and Lyft considered at least some of the data to be trade secrets, and the city of Seattle agreed to provide confidentiality within the confines of state law. The city also agreed to provide notice to Uber and Lyft if it received a public records request for records designated as confidential or proprietary. The Growth Management Act (GMA) does not require the state Liquor and Cannabis Board to defer to local zoning when making licensing decisions. The unions also argued that RCW 42.56.230(3) exempts personal information maintained for public employees to the extent disclosure would violate their right to privacy. Ultimately, a license was issued to Greensuns competitor. In 2015, Seven Hills leased real property and improved it for the purpose of cannabis production and processing.

Gender discrimination can be inferred through the totality of circumstances. Otherwise, the council has authority to make a reasonable contractual arrangement for legal services. RCW 9A.76.180, the intimidating a public servant statute, must be applied to true threats alone, otherwise it is unconstitutionally overbroad because it restricts a substantial amount of protected speech. The statutes require the protection of critical areas and not anything external to the critical areas, such as public health and safety. The court, after concluding that the challenge was timely, decided that the election results could stand. The appellate court then held that the operating agreement also did not give Seattle the right to require the railroad to move its tracks, stating that the plain language of the operating agreement does not require BTRC to relocate its tracks in the missing link portion., Finally, the court considered whether the railroad was entitled to attorney fees and damages under Washingtons anti-SLAPP statute. The legislative purpose of UCSA is not thwarted since law enforcement is still able to place more emphasis on enforcing violent and property crimes, tax revenues are still generated for education, health and other programs, and marijuana sales are removed from illegal drug organizations. The court also agreed that the authority given to the planning director to waive a biological site assessment is contrary to law because it gives the director nearly unfettered discretion, with no restrictions. Long appealed the impoundment and payment plan. The counties challenged the interpretation in court and lost and thereafter appealed the decision directly to the Supreme Court. The court next held that Paratransit is not the functional equivalent of a government agency because it does not meet any of the Telford factors: (1) it does not perform a core government function; (2) it is funded by the State through a fee-for-service model and reimbursement for costs model, which weighs against functional equivalency; (3) the State is not extensively involved with Paratransits day-to-day activities; and (4) Paratransit was not created by the government.

Baxter v. Western Washington University (12/27/2021) Three journalists made a public records request to Western Washington University (University) for the final results of disciplinary proceedings, including the students name, in which the university found that the student committed a crime of violence or nonforcible sex offense in the last five years. RCW 4.24.510, Washingtons anti-SLAPP statute, which provides immunity to a person who communicates a complaint or information to a public agency, applies to government contractors hired to perform an independent investigation. The city argued that RCW 9.41.290 preempts regulation only of the nine areas listed in RCW 9.41.290: registration, licensing, possession, purchase, sale, acquisition, transfer, discharge and transportation of firearms and did not preempt regulation of storage and unauthorized access. Trans. Regelbrugge v. Snohomish County, 7 Wn. {5 oa_)) The suspension was appealed to a hearing examiner and, ultimately, to the superior court where the court upheld the countys actions. A graduated tax on income is a tax on property; taxes on property must be uniform; a graduated income tax is not uniform and thus a city lacks constitutional authority to impose such a tax. The court said it was a close call, but it upheld a trial court finding that the reports constitute a trade secret. Freedom Foundation v. DSHS, 9 Wn.

Kad iados je posudzovan individulne. Court may prevent initiative from appearing on ballot if it exceeds scope of initiative power and is inconsistent with state law. This case, however, involves the second prong, did the records stored on the universitys servers contain information relating to the conduct of government or the performance of any governmental or proprietary function? The fact that a document has a litigation and a nonlitigation purpose does not mean it fails to qualify for work product protection; rather, it just requires closer scrutiny.

App. On Friday, June 14, 2019, Kenmore MHP LLC filed a petition for review (Petition) with the Growth Management Hearings Board (Board). Beltran-Serrano v. City of Tacoma, 193 Wn.2d 537 (6/13/2019) Beltran-Serrano was found standing on a street and, as an officer approached, he laid on his stomach and began digging a hole. Since the approval of the homeless fund expenditures were taken by the commissioners as a legislative body, the commissioners were not liable under the terms of their official bonds. While local rules and regulations are possible, they cannot undermine the requirements of the PRA. Seattles winter eviction ban provides that it is a defense to certain evictions if the eviction would result in the tenant having to vacate the premises between December 1 March 1. Seattles tax is on income; the tax is measured by total income. The only exemption for dates of birth is for the dependents of employees. Hoffman agreed to accept the police report "face sheets." Hoffman sued the county, alleging the records had been withheld because of bad faith because the records clerk and a person included in the requested records were drinking buddies. The court, however, found that while the county had acted negligently, not in bad faith, it had provided appropriate supervision and its response was timely, although not adequate. It awarded PRA penalties against the city in the amount of $2,607,940. The Supreme Court agreed with the trial courts decision that the termination was a termination of convenience, not of default. The Washington Supreme Court found that I-976 was unconstitutional and therefore invalid in two respects. The court disagreed; the statute had no such limitation. Kenmore MHP LLC v. City of Kenmore (2/8/2022) The City of Kenmore (City) adopted an ordinance amending its municipal code and updating its zoning map to rezone certain areas as manufactured housing community districts. Accordingly, the case was remanded back to the superior court for further review of the unions other arguments. The court dismissed a claim that the county was subject to strict liability under riparian law due to the removal of trees; the county was not shown to have knowledge that the removal of trees created a hazardous situation. As long as a factual basis exists to support a trial courts decision, the abuse of discretion standard is met and further scrutiny is unwarranted, regardless of how the trial court chooses to articulate its decision. The court affirmed. In calculating its B&O taxes due to the City of Seattle, KMS included compensation (primarily commissions) paid to registered representatives outside the City of Seattle in the payroll factor. The county appealed the Boards decision to Superior Court, and the Court reversed, concluding that the Board can only approve those licenses which are in compliance with local zoning. Thereafter, a local newspaper also sought a copy of the report. It ruled that the WSBA was required to comply with the OPMA moving forward. Challenge to voter-approved legislation, years after ballot title was prepared and issue approved by the voters, was untimely.

The court held that the winter eviction ban is not preempted by state law and does not violate the constitutional rights of landlords. The records at issue here were created as part of an independent public health investigation by KCPH and DOC, and, even though the communications exchanged between SCH and the agencies may have been useful to SCH for its QI purposes, it was not information generated specifically for the QI committee. They failed to demonstrate that the county failed to act with reasonable care. The Court also faulted the order of appointment since it was approved in private, without notice and an opportunity to be heard. The Board argued that the GMA provision only applied to state actions when the state acts in a proprietary capacity or for the development or operation of a public facility site. The City appealed to the Washington Court of Appeals, which reversed the superior court and reinstated the Boards decision.

Plaintiff West requested records related to the technology. O?SA Local governments have been delegated the duty of providing indigent public defense and right to counsel and the State cannot be liable for a local governments failure to meet this duty. The disclosure laws did not violate the First Amendment. The Washington Supreme Court ruled that the 1985 Order was void because the court did not have subject matter or personal jurisdiction to annex Snohomish County territory to a King County special purpose district. The Seattle Police Guild (SPG) requested that, pursuant to the collective bargaining agreement, a disciplinary review board (DRB) be convened as an arbitration panel to review the termination. The Port invited Port-employed crane maintenance mechanics (hourly employees) to travel to China to observe the manufacture of crane components that they would later repair and to Houston for relevant training. However, it is important to distinguish between subject matter jurisdiction and venue requirements. The court found that storage falls within the concept of possession and ruled that the ordinances are therefore preempted by state law. With respect to the performance bond, it ruled that the 30-day filing period for performance bond claims under RCW 39.08.030 runs from the date of final acceptance. On appeal, the court affirmed. v. Olympic View Water and Sewer Dist. However, the court allowed testimony regarding other factors, such as safety and parking. By insisting that their procedure be used, both parties committed a ULP an impasse over a permissive subject of bargaining. Hoffman appealed to the Supreme Court. The Court of Appeals noted that first class cities (such as Seattle) and code cities have broad taxing authority under state law, which includes excise taxes on employers measured by payroll expenses.