Supreme Court Issues
January Term 2007

• Appeal—Disposition of Cause—Reversal—Effect on Prior Satisfaction of Judgment—Restitution
• Arbitration—Judicial Review—Scope—Issues Not Submitted to Arbitration—Agreement of Parties
• Bankruptcy—Discharge of Debts—Claim for Specific Performance
• Bankruptcy—Pre-petition Personal Injury Claim—Disclosure—Failure to Disclose—Effect—Judicial Estoppel—Substitution of Trustee
• Constitutional Law—Privileges and Immunities—Hauling Construction Debris—Licensing
• Contempt—Inherent Power—Punishment—Incarceration—Criminal Safeguards—Necessity
• Criminal Law—Advisement of Rights—Necessity—Custody—Interrogation—Presentence Interview
• Criminal Law—Courts of Limited Jurisdiction—Time of Trial—Excluded Periods—Incarceration Outside of County
• Criminal Law—Courts of Limited Jurisdiction—Trial—Time of Trial—Appearance—Failure to Appear—Effect—Incarceration Outside of Jurisdiction
• Criminal Law—Discovery—Access to Evidence—Child Sex Crimes—Sexually Explicit Images of Children
• Criminal Law—Duress Defense—Inconsistent Defenses
• Criminal Law—Evidence—Hearsay—Right of Confrontation—Unavailability of Declarant—Testimonial or Nontestimonial Statement—Test
• Criminal Law—Former Jeopardy—Aggravated First Degree Murder—Aggravating Circumstances—Jury Silence on Particular Aggravating Circumstances—Effect
• Criminal Law—Former Jeopardy—Multiple Convictions—Possession of Stolen Property—Unlawful Possession of Payment Instruments—Remedy—Plea of Guilty
• Criminal Law—Former Jeopardy—Same Offense—Felony Murder—Homicide by Abuse—Felony Murder based on Criminal Mistreatment—Implied Acquittal—Continuing Jeopardy
• Criminal Law—Former Jeopardy—Superior Court Charge—Prior Dismissal of Charge in Municipal Court on Procedural Grounds—Effect
• Criminal Law—Homicide—Felony Murder—Second Degree Felony Murder—Drive-By Shooting—Predicate Offense—Validity
• Criminal Law—Punishment—Sentence—Criminal History—Resentencing—Additional Evidence
• Criminal Law—Punishment—Sentence—Firearm Enhancement—Determination—Harmless Error
• Criminal Law—Punishment—Sentence—Good Behavior Credits—Presentence Jail Time—Equal Protection—County and State Inmates
• Criminal Law—Punishment—Sentence—Outside Standard Range—Aggravating Circumstances—Determination by Court—Harmless Error
• Criminal Law—Punishment—Sentence—Outside Standard Range—Below Standard Range—Concurrent Sentences—Separate and Distinct Serious Violent Offenses
• Criminal Law—Punishment—Sex Offender—Maximum/Minimum Sentence—Conditional Release Upon Expiration of Minimum Term—Hearing—Due Process—Right to Counsel
• Criminal Law—Reasonable Doubt—Instructions—Sufficiency
• Criminal Law—Right to Counsel—Effective Assistance of Counsel—Pretext Search
• Criminal Law—Right to Remain Silent—Prearrest Silence—Use to Impeach Testimony
• Criminal Law—Search & Seizure—Automobiles—Search Incident to Civil Parking Infraction—Validity
• Criminal Law—Sentencing—Community Custody—Conditions—No-Contact Order—Length of Term
• Criminal Law—Unlawful Hunting—Defenses—Right to Protect Property
• Deeds of Trust—Nonjudicial Foreclosure—Purchaser’s Acquisition of Property Rights—Delivery of Deed
• Environment—Shoreline Management—Conditional Use Permit—Violations—Penalties—Scope
• Husband and Wife—Equivalent Family Relationship—Property Rights—Division—Separation by Death
• Insurance—Uninsured Motorist—Offset—Personal Injury Protection Benefits—Insurer’s Right to Offset—Insured Partially at Fault—Effect
• Interest—Prejudgment Interest—Liquidated Claim—Arbitration Award
• Juveniles—Juvenile Justice—Jurisdiction—Adult or Juvenile—Jurisdiction of Adult Court—Automatic Transfer—Acquittal of Transfer Charge—Effect on Remaining Charges Not Subject to Automatic Transfer
• Juveniles—Juvenile Justice—Jurisdiction—Extension Past Majority—Statutory Provisions—“Pending Proceeding Seeking Adjudication of Juvenile Offense”—What Constitutes
• Medical Treatment—Medical Records—Uniform Health Care Information Act—Confidentiality—Disclosure—Consent
• Mental Health—Involuntary Commitment—Sexually Violent Predator—Statutes—Construction—Due Process
• Open Government—Public Disclosure—Declaratory Action—Filed by Agency
• Open Government—Public Disclosure—Exemptions—Work Product—“Substantial Need”—Applicability
• Open Government—Public Disclosure—Teachers—Reports and Files Maintained for Employees
• Torts—Conversion—Immunity—Acts in Discharge of Duty or Authority Created by Law—Impoundment of Vehicles Under Unlawful Regulations
• Torts—Wrongful Prolongation of Life—Right of Action
• Zoning—Rezoning—Growth Management—Compliance with Growth Management Act—Judicial Review—Jurisdiction

Appeal—Disposition of Cause—Reversal—Effect on Prior Satisfaction of Judgment—Restitution

Whether, pursuant to RAP 12.8, an attorney who disbursed from his client’s trust account funds obtained from the opposing party in satisfaction of a judgment must restore those funds when the judgment is reversed on appeal.

No. 78353-5, Ehsani (respondent) v. McCullough Family P’ship (petitioners). (1/11/07)

Arbitration—Judicial Review—Scope—Issues Not Submitted to Arbitration—Agreement of Parties

Whether, in a proceeding under former RCW 7.04.150 to confirm an arbitration award of uninsured motorist benefits, the superior court had jurisdiction by agreement of the parties to offset personal injury protection payments from the award.

No. 78667-4, Sherry (respondent) v. Financial Indem. Co. (petitioner) (see also Insurance—Uninsured Motorist—Offset—Personal Injury Protection Benefits—Insurer’s Right to Offset—Insured Partially at Fault—Effect). (3/29/07)

132 Wn. App. 355 (2006)

Bankruptcy—Discharge of Debts—Claim for Specific Performance

Whether a claim for specific performance, based on a promise by a lessor to quitclaim certain property upon default or expiration of the lease, was discharged in the lessor’s Chapter 7 bankruptcy.

No. 78564-3, Crafts (respondents) v. Pitts (petitioner). (3/15/07)

Bankruptcy—Pre-petition Personal Injury Claim—Disclosure—Failure to Disclose—Effect—Judicial Estoppel—Substitution of Trustee

Whether a bankruptcy trustee is precluded by judicial estoppel from prosecuting a personal injury claim that the debtor had failed to disclose during bankruptcy proceedings.

No. 78481-7, Arkison (appellant) v. Ethan Allen, Inc. (respondent). (3/1/07)

Constitutional Law—Privileges and Immunities—Hauling Construction Debris—Licensing

Whether a Seattle ordinance requiring solid waste haulers to obtain a license before operating within city limits violates the state constitution’s privileges and immunities clause.

No. 76954-1, Ventenbergs (petitioners) v. City of Seattle (respondents). (3/22/07)

Contempt—Inherent Power—Punishment—Incarceration—Criminal Safeguards—Necessity

Whether a juvenile court has inherent power to incarcerate a juvenile for contempt without an opportunity to purge the contempt and without affording the juvenile the safeguards associated with criminal trials.

No. 78426-4, In re Dependency of A.K. (petitioner); DSHS (respondent). (2/13/07)

130 Wn. App. 862 (2005)

Criminal Law—Advisement of Rights—Necessity—Custody—Interrogation—Presentence Interview

Whether a defendant’s statements to a community corrections officer, made for purposes of preparing a pre-sentence report but without waiver of the right to remain silent or the right to counsel, are admissible in a subsequent retrial following reversal of the defendant’s conviction.

No. 78514-7, State (respondent) v. Everybodytalksabout (petitioner). (3/20/07)

131 Wn. App. 227 (2006) — published in part

Criminal Law—Courts of Limited Jurisdiction—Time of Trial—Excluded Periods—Incarceration Outside of County

Whether the ruled-based speedy trial period on King County District Court charges was tolled while the defendants were incarcerated in another county or King County District Court convictions.

No. 78463-9 (consol. w/78464-7), State (respondent) v. Chhom (petitioner); State (respondent) v. Steever (petitioner). (2/27/07)

131 Wn. App. 334 (2006)

Criminal Law—Courts of Limited Jurisdiction—Trial—Time of Trial—Appearance—Failure to Appear—Effect—Incarceration Outside of Jurisdiction

Whether the rule-based speedy trial period on defendant’s Renton Municipal Court charge was properly restarted from zero when defendant failed to appear at pre-trial hearings because he was incarcerated on other charges in the Kent City Jail and the King County Regional Justice Center.

No. 78362-4, State (respondent) v. George (petitioner) (see also Criminal Law—Former Jeopardy—Superior Court Charge—Prior Dismissal of Charge in Municipal Court on Procedural Grounds—Effect). (2/27/07)

131 Wn. App. 239 (2006) — published in part

Criminal Law—Discovery—Access to Evidence—Child Sex Crimes—Sexually Explicit Images of Children

Whether, in these prosecutions for child sex crimes, the trial courts properly determined the extent of defense pretrial access to evidence depicting children engaged in sexually explicit conduct.

No. 79371-9 (consol. w/79339-5), State (petitioner) v. Boyd (respondent); State (petitioner) v. Giles and Wear (respondents). (3/13/07)

Criminal Law—Duress Defense—Inconsistent Defenses

Whether by asserting duress a defendant is foreclosed from alternatively arguing that the State failed to meet its burden to prove every element of the crime charged beyond a reasonable doubt.

No. 77444-7, State (respondent) v. Frost (petitioner). (2/15/07)

Criminal Law—Evidence—Hearsay—Right of Confrontation—Unavailability of Declarant—Testimonial or Nontestimonial Statement—Test

Whether, for purposes of the right of confrontation as explicated in Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177 (2004), hearsay statements admitted as “excited utterances” are per se nontestimonial, and thus admissible without the defendant’s opportunity to cross-examine the declarant.

No. 78238-5, State (respondent) v. Ohlson (petitioner). (1/11/07)

131 Wn. App. 71 (2005)

Criminal Law—Former Jeopardy—Aggravated First Degree Murder—Aggravating Circumstances—Jury Silence on Particular Aggravating Circumstances—Effect

Whether, in a prosecution for aggravated first degree murder, the jury “impliedly acquitted” the defendant of one of the aggravating factors charged, and if so, whether the State was precluded under double jeopardy principles from reasserting that factor on retrial after reversal of the conviction.

No. 78094-3, State (petitioner) v. Benn (respondent). (1/23/07)

130 Wn. App. 308 (2005) — published in part

Criminal Law—Former Jeopardy—Multiple Convictions—Possession of Stolen Property—Unlawful Possession of Payment Instruments—Remedy—Plea of Guilty

Whether multiple convictions for possession of stolen property and unlawful possession of payment instruments violated double jeopardy principles, and if so, whether defendant, who pleaded guilty pursuant to a plea agreement, is entitled to vacation of the convictions.

No. 78254-7, In re Pers. Restraint of Shale, Cole Shale (petitioner); State (respondent). (1/11/07)

Criminal Law—Former Jeopardy—Same Offense—Felony Murder—Homicide by Abuse—Felony Murder based on Criminal Mistreatment—Implied Acquittal—Continuing Jeopardy

Whether double jeopardy principles bar the State from retrying the defendant for homicide by abuse or second degree felony murder predicated on criminal mistreatment after the defendant’s assault-based second degree felony murder conviction was vacated under In re Pers. Restraint of Andress, 147 Wn.2d 602, 56 P.3d 981 (2002).

No. 76802-1, State (petitioner) v. Daniels (respondent). (2/13/07)

124 Wn. App. 830 (2004)

Criminal Law—Former Jeopardy—Superior Court Charge—Prior Dismissal of Charge in Municipal Court on Procedural Grounds—Effect

Whether double jeopardy principles precluded charging the defendant in superior court with violating a no-contact order when a municipal court charge for the same crime was previously dismissed “with prejudice” for failure to provide proof of personal service of the complaint.

No. 78362-4, State (respondent) v. George (petitioner (see also Criminal Law—Courts of Limited Jurisdiction—Trial—Time of Trial—Appearance—Failure to Appear—Effect—Incarceration Outside of Jurisdiction). (2/27/07)

131 Wn. App. 239 (2006) — published in part

Criminal Law—Homicide—Felony Murder—Second Degree Felony Murder—Drive-By Shooting—Predicate Offense—Validity

Whether the crime of drive-by shooting can be a predicate felony of second degree felony murder following In re Pers. Restraint of Andress, 147 Wn.2d 602, 56 P.3d 98 (2002).

No. 78739-5, In re Pers. Restraint of Bowman, Jacob Bowman (petitioner); State (respondent). (2/27/07)

Criminal Law—Punishment—Sentence—Criminal History—Resentencing—Additional Evidence

Whether the defendant sufficiently objected to his offender score at sentencing as to prevent the State from introducing additional sentencing evidence on remand following appeal.

No. 78355-1, State (respondent) v. Bergstrom (petitioner). (3/22/07)

Criminal Law—Punishment—Sentence—Firearm Enhancement—Determination—Harmless Error

Whether a violation of the defendant’s right to a jury determination of whether he was armed with a firearm, for purposes of a firearm sentence enhancement, can be considered harmless under state law, and whether the error was harmless.

No. 74964-7, State (respondent) v. Recuenco (petitioner). (3/13/07)

Criminal Law—Punishment—Sentence—Good Behavior Credits—Presentence Jail Time—Equal Protection—County and State Inmates

Whether equal protection principles require that an offender who spent time in county jail pending trial or sentencing receive the same percentage of earned early release credits for that jail time as other offenders do for prison time.

No. 78634-8, In re Pers. Restraint of Dealy, Russell Dealy (petitioner); State (respondent). (3/29/07)

Criminal Law—Punishment—Sentence—Outside Standard Range—Aggravating Circumstances—Determination by Court—Harmless Error

Whether violation of the defendant’s right to a jury determination of aggravating sentencing factors under Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004), was harmless.

No. 75800-0, In re Pers. Restraint of Hall; Ronald Hall (petitioner); State (respondent). (3/13/07)

Criminal Law—Punishment—Sentence—Outside Standard Range—Below Standard Range—Concurrent Sentences—Separate and Distinct Serious Violent Offenses

Whether a trial court may impose an exceptionally lenient sentence by running concurrently the sentences for separate and distinct serious violent offenses.

No. 79150-3, In re Pers. Restraint of Mulholland, Daniel Mulholland (respondent); State (petitioner). (3/15/07)

Criminal Law—Punishment—Sex Offender—Maximum/Minimum Sentence—Conditional Release Upon Expiration of Minimum Term—Hearing—Due Process—Right to Counsel

Whether the Indeterminate Sentence Review Board must consider a sex offender’s request for appointed counsel at a hearing to determine whether the offender should be conditionally released following expiration of the minimum term imposed under RCW 9.94A.712.

No. 79025-6, In re Pers. Restraint of McCarthy, Donald McCarthy (respondent); Indeterminate Sentence Review Board (petitioner). (3/20/07)

Criminal Law—Reasonable Doubt—Instructions—Sufficiency

Whether the trial court erred by using the reasonable doubt instruction commonly known as a Castle instruction, so named after its approval by the Court of Appeals in State v. Castle, 86 Wn. App. 48, 935 P.2d 656 (1997).

No. 78377-2, State (respondent) v. Bennett (petitioner). (3/1/07)

131 Wn. App. 319 (2006) — published in part

Criminal Law—Right to Counsel—Effective Assistance of Counsel—Pretext Search

Whether defense counsel was ineffective in failing to argue in a motion to suppress evidence that a traffic stop was a pretext for conducting a search.

No. 78497-3, State (respondent) v. Nichols (petitioner). (3/15/07)

Criminal Law—Right to Remain Silent—Prearrest Silence—Use to Impeach Testimony

Whether the State’s use of the defendant’s prearrest silence to impeach his trial testimony violated his constitutional right to remain silent.

No. 78528-7, State (respondent) v. Burke (petitioner). (3/20/07)

Criminal Law—Search & Seizure—Automobiles—Search Incident to Civil Parking Infraction—Validity

Whether police may detain the driver of an automobile to conduct an investigatory stop pursuant to Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968), when investigating a civil natural resource land parking infraction.

No. 78187-7, State (respondent) v. Day (petitioner). (1/23/07)

130 Wn. App. 622 (2005)

Criminal Law—Sentencing—Community Custody—Conditions—No-Contact Order—Length of Term

Whether a no-contact order imposed as a condition of community custody may extend beyond the community custody term.

No. 78452-3, State (respondent) v. Armendariz (petitioner). (3/13/07)

Criminal Law—Unlawful Hunting—Defenses—Right to Protect Property

Whether a property owner charged with unlawfully killing elk had an absolute constitutional right to kill the elk on his property that were damaging his orchard, and thus was entitled to jury instructions stating that one is not guilty of violating the law if killing the elk was reasonably necessary to the defense of his property.

No. 77891-4, State (respondent) v. Vander Houwen (petitioner). (1/23/07)

128 Wn. App. 806 (2005)

Deeds of Trust—Nonjudicial Foreclosure—Purchaser’s Acquisition of Property Rights—Delivery of Deed

Whether the trustee in a nonjudicial foreclosure sale may, after accepting a bid, decline to deliver a deed based upon a clerical error in the bidding price by the trustee’s agent.

No. 78668-2, Udall (petitioner) v. T.D. Escrow Servs., Inc. (respondent). (1/11/07)

132 Wn. App. 290 (2006)

Environment—Shoreline Management—Conditional Use Permit—Violations—Penalties—Scope

Whether, pursuant to the Shoreline Management Act, the Department of Ecology may penalize the holder of a conditional use permit for violating the permit’s conditions without having first filed a land use petition challenging the building permits issued by the local jurisdiction. See Samuel’s Furniture, Inc. v. Dep’t of Ecology, 147 Wn.2d 440, 54 P.3d 1194 (2002)

No. 78462-1, Twin Bridge Marine Park, L.L.C. (respondents) v. Dep’t of Ecology (petitioner). (3/22/07)

130 Wn. App. 730 (2005)

Husband and Wife—Equivalent Family Relationship—Property Rights—Division—Separation by Death

Whether the property of meretricious partners who die simultaneously may be equitably divided between the partners’ estates.

No. 78321-7, Olver (respondent) v. Fowler (petitioner). (2/13/07)

131 Wn. App. 135 (2006)

Insurance—Uninsured Motorist—Offset—Personal Injury Protection Benefits—Insurer’s Right to Offset—Insured Partially at Fault—Effect

Whether an insurer is entitled to offset personal injury protection payments from uninsured motorist benefits when the insured was partially at fault and the uninsured motorist benefits fully compensated the insured for the tortfeasor’s comparative share of the fault.

No. 78667-4, Sherry (respondent) v. Financial Indem. Co. (petitioner) (see also Arbitration—Judicial Review—Scope—Issues Not Submitted to Arbitration—Agreement of Parties). (3/29/07)

132 Wn. App. 355 (2006)

Interest—Prejudgment Interest—Liquidated Claim—Arbitration Award

Whether an arbitration award is a liquidated sum for purposes of awarding prejudgment interest in a proceeding to confirm the award.

No. 78290-3, State (respondent) v. Fluor Daniel, Inc. (petitioner). (2/15/07)

130 Wn. App. 629 (2005)

Juveniles—Juvenile Justice—Jurisdiction—Adult or Juvenile—Jurisdiction of Adult Court—Automatic Transfer—Acquittal of Transfer Charge—Effect on Remaining Charges Not Subject to Automatic Transfer

Whether a juvenile’s acquittal in 2004 on a charge subject to exclusive adult court jurisdiction restored juvenile court jurisdiction over other charges not subject to exclusive adult court jurisdiction, and if not, whether a 2005 statutory amendment that restores juvenile court jurisdiction in these circumstances applies retroactively. See Laws of 2005, ch. 238, § 1.

No. 78043-9, State (respondent) v. Posey (petitioner). (2/27/07)

130 Wn. App. 262 (2005)

Juveniles—Juvenile Justice—Jurisdiction—Extension Past Majority—Statutory Provisions—“Pending Proceeding Seeking Adjudication of Juvenile Offense”—What Constitutes

Whether a juvenile’s booking and appearance at a probable cause hearing on a juvenile offense initiated “proceedings,” permitting the juvenile court to extend its jurisdiction beyond the juvenile’s 18th birthday pursuant to RCW 13.40.300(1)(a), even though no information was filed before the juvenile turned 18.

No. 78606-2, State (respondent) v. Dion (petitioner). (3/29/07)

131 Wn. App. 729 (2006)

Medical Treatment—Medical Records—Uniform Health Care Information Act—Confidentiality—Disclosure—Consent

Whether a health care professional violated the Health Care Information Act by disclosing a patient’s treatment information during testimony when the patient had previously consented to disclosure and did not object to the testimony.

No. 78247-4, Wynn (respondent) v. Earin (petitioner). (2/13/07)

131 Wn. App. 28 (2005)

Mental Health—Involuntary Commitment—Sexually Violent Predator—Statutes—Construction—Due Process

Whether the superior court, in denying the detainee’s request at his annual review hearing for a trial on whether he should be released from confinement as a sexually violent predator, improperly construed the recent amendment to RCW 71.09.090 as imposing a new and more stringent standard of proof for a detainee seeking unconditional relief from confinement. See Laws of 2005, ch. 344 § 1 (requiring evidence from a licensed professional of a “substantial change” in the person’s condition brought about through “continuing participation in treatment,” indicating that the person is “safe to be at large”).

No. 79331-0, In re the Detention of Ambers, Kevin Ambers (petitioner); State (respondent). (3/1/07)

Open Government—Public Disclosure—Declaratory Action—Filed by Agency

Whether a government agency may seek declaratory relief on whether requested records are disclosable under the Public Records Act before denying a public records request.

No. 78574-1, Soter (respondent) v. Cowles Publ’g Co. (petitioner) (see also Open Government—Public Disclosure—Exemptions—Work Product—“Substantial Need”—Applicability). (3/20/07)

131 Wn. App. 882 (2006)

Open Government—Public Disclosure—Exemptions—Work Product—“Substantial Need”—Applicability

Whether public records containing confidential attorney work product are disclosable under the Public Records Act if the requester demonstrates a substantial need for the records.

No. 78574-1, Soter (respondent) v. Cowles Publ’g Co. (petitioner) (see also Open Government—Public Disclosure—Declaratory Action—Filed by Agency). (3/20/07)

131 Wn. App. 882 (2006)

Open Government—Public Disclosure—Teachers—Reports and Files Maintained for Employees

Whether the Public Records Act requires disclosure of the identity of school teachers subject to unsubstantiated complaints of sexual misconduct with students or letters of direction entered into teachers’ personnel files warning of conduct that is inappropriate but not subject do discipline.

No. 78603-8, Bellevue John Does (petitioners) v. Bellevue Sch. Dist. No. 405 (respondents). (3/22/07)

129 Wn. App. 832 (2005)

Torts—Conversion—Immunity—Acts in Discharge of Duty or Authority Created by Law—Impoundment of Vehicles Under Unlawful Regulations

Whether the immunity from civil liability for acts committed in the discharge of a duty or authority created by law, see Restatement (Second) of Torts § 265 (1977), extends to the State Patrol’s impoundment of vehicles of drivers with suspended or revoked licenses under regulations held unlawful in All Around Underground, Inc. v. Washington State Patrol, 148 Wn.2d 145, 60 P.3d 53 (2002).

No. 79172-4, Potter (appellant) v. State Patrol (respondent). (1/25/07)

Torts—Wrongful Prolongation of Life—Right of Action

Whether medical personnel acted negligently in continuing resuscitation efforts on a newborn infant, or in failing to obtain informed consent for those efforts, which resulted in the infant’s survival but with multiple severe disabling conditions.

No. 78383-7, Stewart-Graves (appellant) v. Vaughn (respondent). (1/23/07)

Zoning—Rezoning—Growth Management—Compliance with Growth Management Act—Judicial Review—Jurisdiction

Whether the superior court had jurisdiction to consider a land use petition challenging the compliance of a rezone with the urban growth restrictions of the Growth Management Act.

No. 78331-4, Woods (petitioner) v. Kittitas County (respondent). (1/25/07)

130 Wn. App. 573 (2005)