Supreme Court Issues
May Term 2012

• Agriculture—Employment—Farm Labor Contractors—Statutory Damages—Availability—Non-Aggrieved Party
• Agriculture—Employment—Farm Labor Contractors—Statutory Provisions—Damages—Range of Damages
• Agriculture—Employment—Farm Labor Contractors—Statutory Provisions—Damages—Public Policy—Due Process
• Automobiles—Taxation—Motor Vehicle Fuel Tax—Exclusive Use for Highway Purposes—Refund of Fuel Taxes Authorized by Law—What Constitutes—Allocation to Maintenance and Operation of State Parks—Validity
• Civil Rights—Sexual Orientation Discrimination—Statutory Provisions—Applicability—Hostile Work Environment Claim
• Counties—Land Use Controls—Growth Management Act—Urban Growth Area—Enlargement—Administrative Review—Judicial Review—Annexation of Enlarged Area—Effect
• Criminal Law—Arson—First Degree Arson—Alternative Methods—Destruction of Property to Collect Insurance Proceeds—Property Valued at $10,000 or More—What Constitutes
• Criminal Law—Custodial Interference—Elements—Court-Ordered Parenting Plan—What Constitutes—Domestic Violence—Protection Order
• Criminal Law—Insanity—Competency to Stand Trial—Determination—Qualified Evaluator—Cultural Competency—Necessity
• Criminal Law—Plea of Guilty—Multiple Charges—Separable or Indivisible—Intent of Parties—Objective Manifestation
• Criminal Law—Punishment—Restitution—Modification—Timeliness—Amount Determinable at Sentencing
• Criminal Law—Punishment—Sentence—Criminal History—“Same Criminal Conduct”—Review—Standard of Review
• Criminal Law—Punishment—Sentence—Pre-Reform Act Convictions—Board Review—Denial of Parole—Offender’s Failure to Undergo Treatment—Refusal to Admit Guilt
• Criminal Law—Searches and Seizures—Automobiles—Arrest—Traffic Violation—Pretext to Search—Validity
• Criminal Law—Searches and Seizures—Automobiles—Warrantless Search—Incident to Arrest of Occupant—Scope—Purse
• Criminal Law—Searches and Seizures—Entry into Dwelling—Execution of Arrest Warrant—Consent—Request—Warning—Necessity
• Criminal Law—Searches and Seizures—Warrant—Informant—Credibility, Veracity, or Reliability of Informant—Execution of Warrant—Copy Given to Occupant of Premises—Court Rule—Technical Violation—Effect
• Criminal Law—Statutes—Amendment—Saving Statute—Repeal of Offense That Serves as Predicate Element of Another Offense—Effect
• Criminal Law—Trial—Misconduct of Prosecutor—Conduct of Litigation—Sanctions—Amendment of Information on Day of Trial to Change Offense Date—Bad Faith—Necessity
• Criminal Law—Trial—Time of Trial—Constitutional Right
• Deeds of Trust—Nonjudicial Foreclosure—Trustee’s Sale—Temporary Injunction—Authority to Issue Independent of Deeds of Trust Act
• Discovery—Hospitals—Quality Assurance Records—Credentialing and Privileging Files—Statutory Immunity
• Employment—Compensation—Minimum Wage—Overtime—Eligibility—Denial of Rest Period—First 40 Hours of Work
• Fiduciaries—Financial Institutions—Officers and Employees—Personal Liability—Personal Fiduciary Duty—Existence
• Government—Torts—Public Duty Doctrine—Special Relationship—Nature of Assurance—Future Act—Falsity or Inaccuracy—Necessity
• Insurance—Claim for Loss—Right of Action—Conditions Precedent—Examination Under Oath—Validity
• Insurance—Duty to Defend—Scope—Reimbursement of Insured’s Defense Costs—Claim Determined Not To Be Covered by Policy—Insurer’s Obligation
• Jury—Selection—Peremptory Challenges—Race Based—Race-Neutral Explanation—Sufficiency
• Juveniles—Parental Relationship—Termination—Integration Into Stable and Permanent Home—Likelihood of Return to Parent
• Negligence—Proximate Cause—Legal Causation—Highways—Utility Services—Duty to Driving Public—Reckless Driving
• Open Government—Public Disclosure—Enjoining Release—Factors Considered—Requestor’s Identity—Exercise of Equity
• Open Government—Public Disclosure—Exemptions—Public Hospitals—Peer Reviewed—Quality Assurance Records—Deliberations on Medical Staff Clinical Privileges
• Parks and Recreation—Statutory Immunity—Scope—Private Camp—No Fee Charged at Time of Use
• Personal Restraint—Petition—Timeliness—Statutory Limits—Exceptions—Actual Innocence—Proof—Sufficiency
• Prisons—Open Government—Public Disclosure—Enjoining Release—Injunction Against Prison Inmate—Statutory Provisions—Retroactivity
• Products Liability—Damages—Emotional Distress—Availability—Lack of Physical Injury
• Statutes—Constitutional Review—Timeliness—Reasonable Time—Necessity
• Statutes—Construction—Retroactivity—Descent and Distribution—Abuser—Precipitating Event—Petition for Determination
• Taxation—Excise Tax—Hazardous Substance Excise Tax—Petroleum Products—Use of Revenue for Non-Transportation Purposes—Validity
• Waters—Water Rights—General Adjudication—Indian and Non-Indian Users—Ahtanum Creek
• Wills—Disposition of Property—Nonprobate Assets—Beneficial Interest in Real Property under Revocable Living Trust—Specification in Will—Necessity

Agriculture—Employment—Farm Labor Contractors—Statutory Damages—Availability—Non-Aggrieved Party

Whether the Washington Fair Labor Contractor Act allows awards of statutory damages to persons who have not been shown to have been “aggrieved” by a particular violation of the act.

No. 86793-3, Perez-Fairas, et al. (plaintiffs) v. Global Horizons, Inc., et al. (defendants) (see also Agriculture—Employment—Farm Labor Contractors—Statutory Provisions—Damages—Range of Damages; and Agriculture—Employment—Farm Labor Contractors—Statutory Provisions—Damages—Public Policy—Due Process). (5/10/12)

Certified Question from U.S. Court of Appeals, Ninth Circuit

Agriculture—Employment—Farm Labor Contractors—Statutory Provisions—Damages—Range of Damages

Whether under RCW 19.30.170(2) of the Washington Fair Labor Contractor Act a court must award statutory damages of $500 per plaintiff per violation of the act, or whether the court has discretion to determine the appropriate amount of the award from a range of amounts up to $500.

No. 86793-3, Perez-Fairas, et al. (plaintiffs) v. Global Horizons, Inc., et al. (defendants) (see also Agriculture—Employment—Farm Labor Contractors—Statutory Damages—Availability—Non-Aggrieved Party; and Agriculture—Employment—Farm Labor Contractors—Statutory Provisions—Damages—Public Policy—Due Process). (5/10/12)

Certified Question from U.S. Court of Appeals, Ninth Circuit

Agriculture—Employment—Farm Labor Contractors—Statutory Provisions—Damages—Public Policy—Due Process

Whether Washington public policy or principles of due process are violated if the Washington Fair Labor Contractor Act requires a trial court to award statutory damages of $500 per plaintiff per violation.

No. 86793-3, Perez-Fairas, et al. (plaintiffs) v. Global Horizons, Inc., et al. (defendants) (see also Agriculture—Employment—Farm Labor Contractors—Statutory Damages—Availability—Non-Aggrieved Party; and Agriculture—Employment—Farm Labor Contractors—Statutory Provisions—Damages—Range of Damages). (5/10/12)

Certified Question from U.S. Court of Appeals, Ninth Circuit

Automobiles—Taxation—Motor Vehicle Fuel Tax—Exclusive Use for Highway Purposes—Refund of Fuel Taxes Authorized by Law—What Constitutes—Allocation to Maintenance and Operation of State Parks—Validity

Whether an appropriation allocating a portion of motor vehicle fuel tax revenues to the Washington State Parks and Recreation Commission constitutes a permissible “refund” of fuel tax revenues to off-highway vehicle users.

No. 86602-3, Wash. Off Highway Vehicle Alliance, et al. (petitioners) v. State, et al. (respondents). (5/22/12)

163 Wn. App. 722 (2011)

Civil Rights—Sexual Orientation Discrimination—Statutory Provisions—Applicability—Hostile Work Environment Claim

Whether, in an action for hostile work environment discrimination based on sexual orientation, the employee may present evidence that conduct occurring after the amendment to Washington’s Law Against Discrimination prohibiting sexual orientation discrimination was part of a pattern of conduct that predated the amendment.

No. 86511-6, Loeffelholz (respondent) v. Univ. of Wash. & Lukehart (petitioners). (6/28/12)

162 Wn. App. 360 (2011)

Counties—Land Use Controls—Growth Management Act—Urban Growth Area—Enlargement—Administrative Review—Judicial Review—Annexation of Enlarged Area—Effect

Whether the Growth Management Hearings Board and courts lost jurisdiction to review Clark County’s decision to add certain lands to its urban growth area when those lands were annexed by cities within the county.

No. 85989-2, Clark County Wash., et al. (petitioners) v. Western Wash. Growth Mgmt. Hr’gs Review Bd., et al. (respondents). (6/14/12)

Criminal Law—Arson—First Degree Arson—Alternative Methods—Destruction of Property to Collect Insurance Proceeds—Property Valued at $10,000 or More—What Constitutes

Whether in a prosecution for first degree arson on the basis of fire damage to “property valued at ten thousand dollars or more with intent to collect insurance proceeds,” RCW 9A.48.020(1)(d), the term “valued at” means the fair market value of the property or the value of the insurance coverage of the property.

No. 86270-2, State (respondent) v. Sweany (petitioner). (5/15/12)

162 Wn. App. 223 (2011)

Criminal Law—Custodial Interference—Elements—Court-Ordered Parenting Plan—What Constitutes—Domestic Violence—Protection Order

Whether a domestic violence protection order entered in connection with a marriage dissolution proceeding was a “court-ordered parenting plan,” violation of which constituted the crime of first degree custodial interference under RCW 9A.40.060(2).

No. 85860-8, State (respondent) v. Veliz (petitioner). (6/26/12)

160 Wn. App. 396 (2011)

Criminal Law—Insanity—Competency to Stand Trial—Determination—Qualified Evaluator—Cultural Competency—Necessity

Whether for purposes of evaluating a criminal defendant’s competency to stand trial, the term “qualified expert or professional person” under RCW 10.77.060(1)(a) requires a competency evaluator to be qualified to assess the defendant’s competency in light of the defendant’s cultural background.

No. 85422-0, State (respondent) v. Sisouvanh (petitioner). (5/10/12)

Criminal Law—Plea of Guilty—Multiple Charges—Separable or Indivisible—Intent of Parties—Objective Manifestation

Whether a criminal defendant’s guilty pleas entered in three separate cause numbers was part of an indivisible plea agreement precluding withdrawal of the plea entered in one of the cause numbers.

No. 86474-8, State (respondent) v. Chambers (petitioner). (5/1/12)

163 Wn. App. 54 (2011)

Criminal Law—Punishment—Restitution—Modification—Timeliness—Amount Determinable at Sentencing

Whether the trial court in a murder prosecution had authority to modify the defendant’s restitution more than 180 days after sentencing to include the victim’s funeral and burial expenses, which were ascertainable within the 180-day period.

No. 86359-8, State (respondent) v. Gray (petitioner). (5/24/12)

Criminal Law—Punishment—Sentence—Criminal History—“Same Criminal Conduct”—Review—Standard of Review

Whether in considering whether multiple crimes constitute the “same criminal conduct” for sentencing purposes, an appellate court reviews the trial court’s decision for abuse of discretion or considers the issue de novo.

No. 86530-2, State (respondent) v. Graciano (petitioner). (5/24/12)

Criminal Law—Punishment—Sentence—Pre-Reform Act Convictions—Board Review—Denial of Parole—Offender’s Failure to Undergo Treatment—Refusal to Admit Guilt

Whether the Indeterminate Sentence Review Board erroneously denied parole to a sex offender for “active refusal” to participate in sex offender treatment when the offender’s claim of innocence disqualified him for treatment he was otherwise willing to undergo.

No. 85091-7, In re Pers. Restraint of Dyer, Richard Dyer (petitioner); State (respondent). (6/14/12)

Criminal Law—Searches and Seizures—Automobiles—Arrest—Traffic Violation—Pretext to Search—Validity

Whether a police officer responding to a report of a possible intoxicated driver improperly stopped the driver on a pretext when he pulled the driver over for having an unlawfully modified muffler.

No. 86610-4, State (petitioner) v. Arreola (respondent). (5/22/12)

163 Wn. App. 787 (2011)

Criminal Law—Searches and Seizures—Automobiles—Warrantless Search—Incident to Arrest of Occupant—Scope—Purse

Whether the warrantless search of a car occupant’s purse incident to the occupant’s arrest outside the car is unlawful under Arizona v. Gant, 556 U.S. 332, 129 S. Ct. 1710, 173 L. Ed. 2d 435 (2009).

No. 86399-7, State (petitioner) v. Byrd (respondent). (5/15/12)

162 Wn. App. 612 (2011)

Criminal Law—Searches and Seizures—Entry into Dwelling—Execution of Arrest Warrant—Consent—Request—Warning—Necessity

Whether police officers seeking consent to enter a defendant’s home to execute an arrest warrant on the defendant’s brother were required to advise the defendant of his right to refuse consent under State v. Ferrier, 136 Wn.2d 262, 960 P.2d 927 (1998).

No. 86214-1, State (respondent) v. Ruem (petitioner). (5/22/12)

Criminal Law—Searches and Seizures—Warrant—Informant—Credibility, Veracity, or Reliability of Informant—Execution of Warrant—Copy Given to Occupant of Premises—Court Rule—Technical Violation—Effect

Whether an affidavit for a search warrant based on an informant’s tip sufficiently established the informant’s credibility and basis of knowledge, and if so, whether the search of a home conducted pursuant to the warrant was invalid because officers failed to provide a copy of the warrant to the occupant.

No. 86633-3, State (respondent) v. Ollivier (petitioner) (see also Criminal Law—Trial—Time of Trial—Constitutional Right). (6/28/12)

161 Wn. App. 307 (2011)

Criminal Law—Statutes—Amendment—Saving Statute—Repeal of Offense That Serves as Predicate Element of Another Offense—Effect

Whether the “saving statute,” RCW 10.01.040, permits a 1987 indecent liberties conviction to serve as the predicate offense for a current charge of unlawful possession of a firearm even though in 1988 the indecent liberties statute was amended to decriminalize the act that formed the basis of the defendant’s conviction.

No. 86603-1, State (respondent) v. Lamb (petitioner). (6/12/12)

163 Wn. App. 614 (2011)

Criminal Law—Trial—Misconduct of Prosecutor—Conduct of Litigation—Sanctions—Amendment of Information on Day of Trial to Change Offense Date—Bad Faith—Necessity

Whether in this criminal prosecution the trial court properly sanctioned the State for delay in amending the information without explicitly finding bad faith.

No. 85801-2, State (petitioner) v. Gassman (defendant). (6/14/12)

160 Wn. App. 12 (2011)

Criminal Law—Trial—Time of Trial—Constitutional Right

Whether in this criminal prosecution a 22-month delay between the filing of the charge and the start of trial violated the defendant’s constitutional right to a speedy trial.

No. 86633-3, State (respondent) v. Ollivier (petitioner) (see also Criminal Law—Searches and Seizures—Warrant—Informant—Credibility, Veracity, or Reliability of Informant—Execution of Warrant—Copy Given to Occupant of Premises—Court Rule—Technical Violation—Effect). (6/28/12)

161 Wn. App. 307 (2011)

Deeds of Trust—Nonjudicial Foreclosure—Trustee’s Sale—Temporary Injunction—Authority to Issue Independent of Deeds of Trust Act

Whether the trial court had authority to temporarily restrain a nonjudicial foreclosure trustee’s sale claimed to violate the Consumer Protection Act even though the plaintiff did not follow the procedures for restraining trustees’ sales under the Deeds of Trust Act, RCW 61.24.130.

No. 86433-1 (consol. w/86710-1), Schroeder (petitioner) v. Excelsior Mgmt. Group, LLC, et al.
(respondents); Schroeder (petitioner) v. Haberthur, et al. (respondents). (6/26/12)

Discovery—Hospitals—Quality Assurance Records—Credentialing and Privileging Files—Statutory Immunity

Whether in a medical negligence action the trial court erroneously denied discovery of a hospital’s credentialing, privileging, and personnel records as privileged quality improvement committee records under RCW 70.41.200 and RCW 70.41.230 without reviewing the records in camera.

No. 85382-7, Fellows (petitioner) v. Moynihan, et al. (respondents). (5/15/12)

Employment—Compensation—Minimum Wage—Overtime—Eligibility—Denial of Rest Period—First 40 Hours of Work

Whether an employee denied a 10-minute break period required by WAC 296-126-092(4) during the first 40 hours of the employee’s work week is entitled to overtime pay for the missed break under the Washington Minimum Wage Act.

No. 86563-9, Wash. State Nurses Ass’n (petitioner) v. Sacred Heart Med. Ctr. (respondent). (5/8/12)

163 Wn. App. 272 (2011)

Fiduciaries—Financial Institutions—Officers and Employees—Personal Liability—Personal Fiduciary Duty—Existence

Whether bank employees who allegedly misrepresented that a depositor’s accounts were fully covered by the Federal Deposit Insurance Corporation may be held personally liable for breach of fiduciary duties.

No. 86220-6, Annechino (petitioner) v. Worthy, et al. (respondents). (5/1/12)

162 Wn. App. 138 (2011)

Government—Torts—Public Duty Doctrine—Special Relationship—Nature of Assurance—Future Act—Falsity or Inaccuracy—Necessity

Whether a county may be held liable under the special relationship exception to public duty doctrine for damages allegedly caused by a negligent response to a 911 call even though the 911 operator truthfully told the caller that a police officer had been dispatched.

No. 85984-1, Munich (respondent) v. Skagit Emergency Commc’ns Ctr., et al. (petitioners). (5/3/12)

161 Wn. App. 116 (2011)

Insurance—Claim for Loss—Right of Action—Conditions Precedent—Examination Under Oath—Validity

Whether an insured’s refusal to submit to a contractually required prelawsuit examination under oath precludes the insured from bringing a breach of contract action against the insurer.

No. 86413-6, Staples (petitioner) v. Allstate Ins. Co. (respondent). (6/12/12)

Insurance—Duty to Defend—Scope—Reimbursement of Insured’s Defense Costs—Claim Determined Not To Be Covered by Policy—Insurer’s Obligation

Whether an insurer may be required to reimburse its insured for defense expenditures incurred from the date that a complaint was filed against the insured until entry of a declaratory judgment that the insurer had no duty to defend the suit.

No. 86535-3, Nat’l Surety Corp. (petitioner) v. Immunex Corp. (respondent). (5/8/12)

162 Wn. App. 762 (2011)

Jury—Selection—Peremptory Challenges—Race Based—Race-Neutral Explanation—Sufficiency

Whether the trial court in a criminal prosecution erred in allowing the State to use a peremptory challenge to exclude the only African-American potential juror after she expressed concern about the fairness of the criminal justice system toward young African-American men.

No. 86257-5, State (respondent) v. Saintcalle (petitioner). (5/10/12)

Juveniles—Parental Relationship—Termination—Integration Into Stable and Permanent Home—Likelihood of Return to Parent

Whether in a proceeding to terminate parental rights a finding that the conditions underlying the child’s dependency are unlikely to be remedied in the near future necessarily supports a finding that continuation of the parent-child relationship diminishes the child’s prospects for integration into a stable and permanent home. See RCW 13.34.180(e), (f).

No. 86124-2, In re the Dependency of Sleasman, Derek Gladin (petitioner); DSHS (respondent). (6/12/12)

Negligence—Proximate Cause—Legal Causation—Highways—Utility Services—Duty to Driving Public—Reckless Driving

Whether in this personal injury action a utility company’s approved placement of a utility pole closer to a roadway than allowed by county regulations constituted a legal cause of damages the plaintiff suffered when the car he was riding in struck the pole while being driven recklessly.

No. 86584-1, Lowman (petitioner) v. Puget Sound Energy (respondents). (5/24/12)

Open Government—Public Disclosure—Enjoining Release—Factors Considered—Requestor’s Identity—Exercise of Equity

Whether a trial court has equitable authority to consider the identity of the person making a public records request when determining whether to enjoin disclosure under the Public Records Act.

No. 86410-1, Franklin Sheriff’s Office, et al. (respondents) v. Parmelee (petitioner) (see also Prisons—Open Government—Public Disclosure—Enjoining Release—Injunction Against Prison Inmate—Statutory Provisions—Retroactivity). (5/22/12) NO ORAL ARGUMENT

162 Wn. App. 289 (2011)

Open Government—Public Disclosure—Exemptions—Public Hospitals—Peer Reviewed—Quality Assurance Records—Deliberations on Medical Staff Clinical Privileges

Whether records of a public hospital’s investigation of a staff physician are exempt from public disclosure as privileged peer review committee records under RCW 4.24.250, privileged quality improvement committee records under RCW 70.41.200, or confidential public hospital district commission deliberations concerning a physician’s medical staff privileges under RCW 70.44.062(1).

No. 86842-5, Cornu-Labat (respondent) v. Hosp. Dist. No. 2 Grant County, d/b/a Quincy Valley Hosp. (appellant). (5/15/12)

Parks and Recreation—Statutory Immunity—Scope—Private Camp—No Fee Charged at Time of Use

Whether the recreational use immunity statute, RCW 4.24.200-210, which protects landowners from tort liability if they allow free public use of their land for recreational purposes, applies to a private camp that ordinarily charges a fee for use but in this instance allowed a group to use the facility for free.

No. 86835-2, Cregan (respondent) v. Fourth Mem’l Church (petitioner). (5/3/12)

Personal Restraint—Petition—Timeliness—Statutory Limits—Exceptions—Actual Innocence—Proof—Sufficiency

Whether a personal restraint petitioner presented sufficient evidence that he was actually innocent of his crime of conviction, so as to toll the one-year time limit on collateral attack and permit review of petitioner’s claim of ineffective assistance of counsel.

No. 85992-2, In re Pers. Restraint of Weber, Charles Weber (petitioner); State (respondent). (6/26/12)

Prisons—Open Government—Public Disclosure—Enjoining Release—Injunction Against Prison Inmate—Statutory Provisions—Retroactivity

Whether RCW 42.56.565, which limits public records requests by incarcerated persons, may be applied retroactively to records requests made before the statute was enacted.

No. 86410-1, Franklin Sheriff’s Office, et al. (respondents) v. Parmelee (petitioner) (see also
Open Government—Public Disclosure—Enjoining Release—Factors Considered—Requestor’s Identity—Exercise of Equity). (5/22/12) NO ORAL ARGUMENT

162 Wn. App. 289 (2011)

Products Liability—Damages—Emotional Distress—Availability—Lack of Physical Injury

Whether the Washington Products Liability Act permits relief for emotional distress damages, in the absence of physical injury, caused to the direct purchaser by being served and touching, but not consuming, a contaminated food product.

No. 86912-0, Blysma (plaintiff) v. Burger King Corp., et al. (defendant). (5/8/12)

Statutes—Constitutional Review—Timeliness—Reasonable Time—Necessity

Whether a challenge to a statute as unconstitutional may be barred as not brought within a reasonable time.

No. 85971-0, Auto United Trades Org., et al. (appellants) v. State of Wash., et al. (respondents)
(see also Taxation—Excise Tax—Hazardous Substance Excise Tax—Petroleum Products—Use of Revenue for Non-Transportation Purposes—Validity). (6/14/12)

Statutes—Construction—Retroactivity—Descent and Distribution—Abuser—Precipitating Event—Petition for Determination

Whether an amendment to the slayer statute, RCW 11.84.020, extending the statute to abusers is given improper retroactive effect when applied to a petition to adjudicate as an abuser a beneficiary of a decedent who died before the effective date of the amendment.

No. 86412-8, In re Estate of Haviland, James W. Haviland, Deceased; Haviland (petitioner) v. Haviland, et al. (respondents). (6/12/12)

161 Wn. App. 851 (2011)

Taxation—Excise Tax—Hazardous Substance Excise Tax—Petroleum Products—Use of Revenue for Non-Transportation Purposes—Validity

Whether the Model Toxics Act violates article II, section 40 of the Washington Constitution in directing that revenue from a tax on the possession of petroleum products deposited in a toxic substance cleanup fund rather than the highway fund.

No. 85971-0, Auto United Trades Org., et al. (appellants) v. State of Wash., et al. (respondents)
(see also Statutes—Constitutional Review—Timeliness—Reasonable Time—Necessity). (6/14/12)

Waters—Water Rights—General Adjudication—Indian and Non-Indian Users—Ahtanum Creek

Whether the trial court properly determined the existence, scope, and priority of Yakama Indian Nation and non-Indian parties’ water rights in the Ahtanum Creek sub-basin of the Yakima River Basin.

No. 86211-7, Dep’t of Ecology (respondent/cross-appellant) v. Acquavella, et al. (appellant/cross-respondents). STRICKEN – WILL BE RESET

Wills—Disposition of Property—Nonprobate Assets—Beneficial Interest in Real Property under Revocable Living Trust—Specification in Will—Necessity

Whether a devise by will of a residence that had previously been transferred to a revocable living trust served to revoke the terms of the trust under RCW 11.11.003(1) even though the will did not mention the trust.

No. 86776-3, Manary (petitioner) v. Anderson, et al. (respondents). (6/28/12)

164 Wn. App. 569 (2011)