Thursday, May 31, 2012
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The Supreme Court of Washington filed 3 new opinions and Division Three did not file any new published opinions on Thursday, May 31, 2012: Supreme Court:1. Broughton Lumber Co. v. BNSF Railway Co.No. 85905(May 31, 2012)2012 Wash. LEXIS 380Areas: PROPERTY AND LAND USE LAWBrief: A plaintiff cannot recover damages under former RCW 64.12.030 and RCW 64.12.040 for trees damaged by a fire that spreads from a defendant's neighboring parcel, where the alleged acts or omissions of the defendant caused only collateral injury, but a plaintiff may recover from a defendant who commits a direct trespass that causes immediate, not collateral, injury to a plaintiff's tree, timber, or shrub, even if the defendant has never been physically on the plaintiff's property.2. Jongeward v. BNSF Railway Co.No. 85781-4(May 31, 2012)2012 Wash. LEXIS 382Areas: PROPERTY AND LAND USE LAWBrief: A defendant who causes a fire that spreads and damages trees on a plaintiff's property does not “otherwise injure” the plaintiff's trees for the purposes of the timber trespass statute, but a plaintiff may recover from a defendant who commits a direct trespass against the plaintiff's trees, causing injury that is immediate and not consequential, even if the defendant has never been physically present on the plaintiff's property.3. Washington Association for Substance Abuse & Violence Prevention v. StateNo. 87188-4(May 31, 2012)2012 Wash. LEXIS 381Areas: GOVERNMENT RELATIONS AND ADMINISTRATIVE LAWBrief: Initiative 1183, which removes the State from the business of distributing and selling spirits and wine, imposes sales-based fees on private liquor distributors and retailers, and provides a distribution of $10 million per year to local governments for the purpose of enhancing public safety programs, does not violate the single subject or subject-in-title requirements of the state constitution.
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