Supreme Court Calendar

9:00 A.M.

Olympia

Tuesday, September 28, 2004

Case No. 1 – 74526-9

COUNSEL

Tiffany Family Trust Corporation,
     v.
City of Kent, a municipal corporation

Richard Peterson/Stephen Roos

P. Stephen DiJulio/Ramsey Ramerman
Thomas Brubaker

SYNOPSIS: The City of Kent required Tiffany Family Trust Corporation to pay for a share of local improvements in the area.  The Corporation claims that the amount it is being required to pay is a taking of private property for public use without just compensation and is also a violation of due process.  Should the Corporation be able to assert these constitutional claims independently even though it failed to use the applicable statutory procedures to challenge the assessment amount? 

Case No. 2 – 74656-7 (cons. w/74861-6)

COUNSEL

State of Washington,

     v.
Michael Owen Freeman,
and William Lars Zumwalt

Dennis McCurdy
Terry Bloor

David Koch
Sharon Brown

SYNOPSIS: When can a defendant who uses force to accomplish a robbery be convicted of both first degree robbery and assault?


1:00 P.M. SHOW CAUSE HEARING

200,171-8

COUNSEL

In re:
Phillip E. Miller, Bar No. 7703
An Attorney at Law

Kurt Bulmer

Randy Von Beitel-WSBA

SYNOPSIS: The Disciplinary Board of the Washington State Bar Association has recommended that attorney Phillip E. Miller be disbarred for stealing a client’s funds, deceiving the client, and failing to cooperate in the Bar’s investigation. At issue is whether Mr. Miller should be suspended from the practice of law during the remainder of the disciplinary proceedings against him.


1:30 P.M.

Case No. 3 – 74663-0

COUNSEL

The Quadrant Corporation, a Washington corp.; Equity Residential Properties Trust, a Maryland corp.; and Roy Street Associates, a Washington general partnership,
     v.
American States Insurance Company, a foreign corporation, and State Farm Fire and Casualty Co., a foreign corporation

Dan’l Bridges




Mary DeYoung

SYNOPSIS: Does the pollution exclusion in a landlord’s insurance policy preclude coverage for injuries sustained by a tenant who inhaled toxic fumes from a deck sealant being applied by a contractor?

Case No. 4 – 74731-8

COUNSEL

Lonnie Burton; Gordon Lebar; James Bringham; and Michael Holmberg,
     v.
Joseph and Jane Doe Lehman; Doug and Jane Doe Waddington; Maggie and John Doe Miller-Stout; Kathy and John Doe Kaatz; Richard and Jane Doe Morgan; Patricia and John Doe Gorman; and Carol and John Doe Porter; and John Doe and Jane Does 1 through 20

Michael Rasch
Thomas Juhl

Douglas Carr

SYNOPSIS: Does state law require the Department of Corrections to pay the cost of shipping all of an inmate’s property when he or she is transferred between institutions?

These summaries are not formulated by the Court and are provided for the convenience of the public only.

 

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