Monday, August 25, 2014 To view the full text of these opinions, please visit: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent or Lexis subscribers may use the links below to access the cases on either lexis.com or Lexis Advance.
Division One of the Court of Appeals filed 3 new published opinions on Monday, August 25, 2014:
1. Bevan v. Meyers No. 69505-3 (August 25, 2014) 2014 Wash. App. LEXIS 2077 (lexis.com)
2014 Wash. App. LEXIS 2077 (Lexis Advance)
Areas: GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW; PROPERTY AND LAND USE LAW
Brief: In a dispute over a shared property boundary, a counterclaim violated the Washington Strategic Lawsuits Against Public Participation statute, RCW 4.24.525, because it arose from public participation and petition. The counterclaim for damages was directly based on an action in furtherance of the right to petition by making a report to an agency; there was no explanation for the argument that the damages could have been solely caused by the claims of ownership.
2. Potala Village Kirkland LLC v. City of Kirkland No. 70542-3 (August 25, 2014) 2014 Wash. App. LEXIS 2078 (lexis.com)
2014 Wash. App. LEXIS 2078 (Lexis Advance)
Areas: PROPERTY AND LAND USE LAW
Brief: The failure to file a completed application for a building permit before enactment of a city's moratorium on certain permits barred the vesting of rights to zoning or other land use control ordinances for the entire project.
3. State v. Blancaflor No. 71665-4 (August 25, 2014) 2014 Wash. App. LEXIS 2076 (lexis.com)
2014 Wash. App. LEXIS 2076 (Lexis Advance)
Areas: CRIMINAL LAW
Brief: The trial court instructed the original 12 jurors to begin deliberations when they retired to the jury room. Thereafter, one of the original jurors was excused. After an alternate juror joined the remaining 11 original jurors, the court failed to instruct the reconstituted jury that it must disregard all prior deliberations and begin deliberations anew. This was manifest error affecting the constitutional right of the defendants to jury unanimity, which may be raised for the first time on appeal. Because the State fails in its burden to show beyond a reasonable doubt that this error was harmless, the Court of Appeals reverses and remands for trial.
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