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9:00 A.M.
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Olympia
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Thursday, March 24, 2005
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Case No. 1 – 75408-0
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COUNSEL
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Alpental Community Club, Inc., Robert Kevin Johnson and Pamela Jean Ferguson,
v.
Seattle Gymnastics Society, Sahalie Ski Club, Inc., S.F. Hill Lumber Co., Inc., and Portac, Inc.
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Frank Siderius/Charles Lonergan, Jr.
Joseph Lawrence, Jr./James Carlson
Eric Freise/Jill Skinner
John McDowall
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SYNOPSIS: RCW 7.48.305 bars nuisance actions against a defendant engaged in "agricultural activities" or "forest practices" predating the plaintiff's arrival. Did the Seattle Gymnastics Society's ownership of forest land prior to the 1967 arrival of the Alpental residential community below constitute a preexisting "forest practice," barring the nuisance suit brought by the downslope community after the Society logged the slope for the first time in 1995, making the slope avalanche prone?
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Case No. 2 – 75460-8
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COUNSEL
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State of Washington,
v.
Nicholas Alan Swecker
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Kevin Korsmo
David Gasch
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SYNOPSIS: Should eleven prior juvenile convictions, for which Nicholas Swecker was sentenced on the same day in 1996, have been counted as a single conviction in a 2001 sentencing?
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1:30 P.M.
Case No. 3 – 75984-7 (consolidated)
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COUNSEL
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State of Washington,
v.
David Nikos Pillatos
Scotty James Butters,
Daniel William Base, and
James C. Metcalf
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Kathleen Proctor/John Sheeran
Ivan Orton
Kevin Korsmo
Philip Thornton
Sheryl McCloud
Keith MacFie
John Hill
Randall Hall
Steven Reich
David Gasch
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SYNOPSIS: The United States Supreme Court found that Washington’s procedures for giving exceptional sentences were unconstitutional in some situations. Can courts fix these procedures?
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Case No. 4 – 75486-1
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COUNSEL
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Jonathan Sims and Honnah Sims,
v.
Douglas County
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John Stocks
Philip Buri
Catherine Smith/Howard Goodfriend
Stanley Bastian
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SYNOPSIS: Honnah Sims and family members sued Douglas County for damages for negligently investigating allegations of child abuse. She argues that their investigation led to unnecessary separation from her child.
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These summaries are not formulated by the Court and are provided for the convenience of the public only.
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