MADSEN, C.J. 1 Amy Westman 1 filed for legal separation from Tim Buecking. Over a year later, she filed an amended petition for dissolution of marriage. By statute, a court cannot enter a decree of dissolution of marriage until 90 days after the petition is filed. Here, the decree was entered 8 days too soon. Mr. Buecking appealed, raising for the first time on appeal his claim that the trial court lacked subject matter jurisdiction because it entered the decree before the 90-day period had...
MADSEN, C.J. 1 At issue is the proper scope of the effective law enforcement exemption of the Public Records Act (PRA), chapter 42.56 RCW. The Seattle Police Department (SPD) used this exemption to justify nondisclosure of documents regarding the investigation of an altercation between petitioner Evan Sargent and an SPD officer. Sargent raises several challenges to the Court of Appeals decision holding that the effective law enforcement exemption applies categorically to an investigation...
J.M. JOHNSON, J. 1 Albert Boogaard argues that the comprehensive marine liability insurance policy he purchased from International Marine Underwriters (IMU) for his general partnership, ABCD Marine, covers the bodily injuries he suffered while working as an independent contractor for Northland Services Inc. (NSI). Specifically, Boogaard claims that even as a general partner he qualifies and is covered as a third party under the "insured contract" provision of the policy. IMU contends that...
GONZ LEZ, J. 1 B.M.H.'s natural father died six months before he was born. His mother's former boyfriend, Michael Holt, was present at B.M.H.'s birth and, shortly afterward, married his mother, Laurie Holt. Mr. Holt has petitioned for third party custody under chapter 26.10 RCW or, alternatively, an adjudication of de facto parentage. The primary question for review is whether, under In re Parentage of M.F., 168 Wn.2d 528 , 228 P.3d 1270 (2010), no former stepparent may bring a de facto...
STEPHENS, J. 1 We are asked to determine whether law enforcement officers must expressly advise a person of his or her right to refuse entry into a home — i.e., provide Ferrier 1 warnings — when the officers seek to execute an arrest warrant. We hold that Ferrier warnings are not required in this instance, though any consent obtained must be voluntary under the totality of the circumstances. 2 On the facts of this case, we conclude that Pierce County sheriff's deputies unlawfully...
GONZALEZ, J. 1 Washington State law recognizes that a parental bond with a child may be formed in many ways. In re Parentage of L.B., 155 Wn.2d 679 , 122 P.3d 161 (2005). In L.B., we adopted the common law test established by the Wisconsin courts to determine whether a person was the de facto parent of a child. A de facto parent "stands in legal parity with an otherwise legal parent, whether biological, adoptive, or otherwise." Id. at 708, 122 P.3d 161 . The primary question before...
OWENS, J. 1 The King County prosecuting attorney charged Christopher Monfort with one count of aggravated first degree murder for the death of a law enforcement officer. He then filed a notice of special sentencing proceeding (hereinafter "death penalty notice") pursuant to RCW 10.95.040(1). The statute provides, "If a person is charged with aggravated first degree murder ..., the prosecuting attorney shall file written notice of a special sentencing proceeding to determine whether or not...
PER CURIAM. 1 The Department of Corrections disciplined prison inmate Derek Gronquist for allegedly assaulting a correctional officer, imposing a sanction that included loss of early release credits. Gronquist challenged the department's action by personal restraint petition filed directly in this court. The court's commissioner dismissed the petition, and the court's clerk awarded the State costs consisting of statutory attorney fees in the amount of $200. Gronquist moves to modify these...
GONZ LEZ, J. 1 Jerry Lain was sentenced to a maximum of life imprisonment under Washington's former indeterminate sentencing scheme. In 2010, the Indeterminate Sentencing Review Board (board) found Lain parolable, approved his release plan, ordered parole with supervision conditions, and fixed a date for release to Iowa. Four days before that set release date, the governor canceled Lain's parole under RCW 9.95.160, which provides that "the governor may cancel or revoke the parole granted to...
GONZALEZ, J. 1 David Wooten was convicted of first degree malicious mischief for damaging a home he was purchasing on a real estate contract. Wooten claims he did not damage "property of another" — an element of malicious mischief — because he had exclusive possessory and proprietary interests in the property. He also argues the trial court abused its discretion by excluding closing argument about financing issues relating to the home. 2 We affirm. For purposes of malicious mischief,...
GONZ LEZ, J. 1 Ten years ago, King County urgently needed a new facility to treat sewage because existing treatment plants were near capacity. Procuring a location for a new sewage treatment plant was very difficult. After many years of negotiation and seven separate lawsuits, Snohomish County agreed to let King County build the Brightwater sewage treatment plant in south Snohomish County. As part of the settlement, King County agreed to provide a substantial mitigation package for the local...
FAIRHURST, J. 1 This case presents questions about the tort liability of a municipal corporation. Paul Chan Kim murdered his partner, Baerbel K. Roznowski, after officer Andrew Hensing of the Federal Way Police Department (Department) served Kim with an antiharassment order forbidding him to contact or remain near Roznowski. Roznowski's two daughters filed suit against the city of Federal Way (City), alleging that Hensing's negligent service of the order resulted in Roznowski's death at Kim'...
FAIRHURST, J. 1 We must decide whether Washington's constitutional separation of powers creates a qualified gubernatorial communications privilege that functions as an exemption to the Public Records Act (PRA), chapter 42.56 RCW. Freedom Foundation (Foundation) sued the governor to compel production of documents under the PRA after the governor asserted executive privilege and refused to release them. The parties filed cross motions for summary judgment. The trial court resolved these...
GORDON McCLOUD, J. 1 For many years, Cost Management Services Inc. (CMS) made a certain tax payment to the city of Lakewood. In late 2008, upon examining the relevant regulations, CMS decided that it did not in fact owe the tax that it had been paying. In November 2008, it stopped paying the tax and it submitted a claim to Lakewood for a refund of taxes it had previously paid from 2004 to September 2008. 2 Lakewood did not respond to the request for a refund of the 2004-2008 tax payments....
MADSEN, C.J. 1 This case involves the validity of an amended rule from the Department of Ecology (Ecology) that reserves water from the Skagit River system for future year-round out-of-stream uses, despite the fact that in times of low stream flows these uses will impair established minimum instream flows necessary for fish, wildlife, recreation, navigation, scenic and aesthetic values. Ecology relies on RCW 90.54.020(3)(a) for authority to make the reservations of water despite the existing...
GORDON McCLOUD, J. 1 A title insurer, Stewart Title Guaranty Company, hired the law firm Witherspoon, Kelley, Davenport & Toole PS (collectively Witherspoon) to defend its insured, Sterling Savings Bank, from a claim of lien priority on real property by a construction company (Mountain West). The claim was resolved in favor of Mountain West, and Stewart Title then sued Witherspoon for malpractice. Stewart Title claimed the law firm had improperly failed to raise the viable defense of...
MADSEN, C.J. 1 William Kurtz challenges the Court of Appeals decision affirming his conviction for possession and manufacturing of marijuana. He argues that the trial court erred in denying his request to raise a common law medical necessity defense. We hold that medical necessity remains an available defense to marijuana prosecution and that the Washington State Medical Use of Marijuana Act (the Act), 1 chapter 69.51A RCW, does not abrogate the common law. We reverse and remand for further...
MADSEN, C.J. 1 The Washington State Department of Transportation (WSDOT) and the Central Puget Sound Regional Transit Authority (Sound Transit) entered into an agreement that would lease a portion of Interstate 90 (I-90) to Sound Transit for light rail. As consideration, Sound Transit agreed to pay an amount equal to the State's contribution to construct the center lanes and the value of a 40 year lease. Sound Transit also agreed to advance the cost of replacing the center two lanes,...
PER CURIAM. 1 A superior court purporting to act in equity refused to compel arbitration pursuant to a valid arbitration clause in a federally mandated crop insurance contract. The Court of Appeals affirmed. Weidert v. Hanson, 172 Wn.App. 106, 288 P.3d 1165 (2012). For the reasons discussed below, we grant review and reverse. 2 Through a private agent, Tim Weidert and L.W. Weidert Farms (collectively Weidert) bought a multiperil crop insurance policy for the 2009 crop year. The policy...
STEPHENS, J. 1 Petitioners Lawrence Hill, Adam Wise, and Robert Miller (referred to collectively as "the employees") represent a class of persons who were employed by armored car company Garda CL Northwest Inc. The employees brought a wage and hour suit against Garda, citing violations of the Washington Industrial Welfare Act (WIWA), chapter 49.12 RCW, and the Washington Minimum Wage Act (MWA), chapter 49.46 RCW. Following several months of litigation, including certification of the employee...
