skip navigation
MRSC logo

Have a Research Question?

Ask MRSC

Have a Research Question?

Ask MRSC
About Our Blog Our Authors

MRSC Insight Blog


Posts for Court Decisions and AGO Opinions

The De Facto Officer Doctrine: Protecting Local Governments and the Public

March 16, 2026  by  Linda Gallagher
Category:  Court Decisions and AGO Opinions ,  Elected and Appointed Officials

What happens if an elected official made a procedural error in assuming office? How does this impact the actions they have taken or decisions they have participated in? Fortunately, the de facto officer doctrine provides some protection for local governments and the public.

Read more

Private Covenants and Local Zoning: Dual or Dueling Land Use Regulations?

March 11, 2026  by  Leonard Bauer
Category:  Court Decisions and AGO Opinions ,  Housing ,  Land Use Administration ,  Subdivisions and Planned Developments

Private land use restrictions can pose challenges for local governments when they conflict with local zoning, hinder affordable housing efforts, or reflect discriminatory practices. However, private covenants should not deter local governments from permitting development.

Read more

Keeping the Faith: Undue Hardship as Applied to Religious Accommodation Requests

December 8, 2025  by  Harry Boesche
Category:  Court Decisions and AGO Opinions ,  Personnel Policies

When reviewing religious-based accommodation requests in the workplace, the courts have applied two principles: whether the request is supported by a bona fide religious belief, and whether the request will pose an undue hardship for the employer. 

Read more

Keeping the Faith: Religious Accommodation and the Public Agency Employer

December 1, 2025  by  Harry Boesche
Category:  Court Decisions and AGO Opinions ,  Personnel Policies

Employers are required by both state and federal law to offer religious accommodations to employees who request them based on a bona fide religious belief. What type of accommodations might an employer offer and must they approve all employee requests? 

Read more

Public Defense Standards Are Changing: Part 2

August 28, 2025  by  Oskar Rey ,  Drew T. Pollom
Category:  Guest Author ,  Courts and Criminal Justice System ,  Court Decisions and AGO Opinions

In 2024, the Washington State Bar Association adopted revised standards related to caseload limits and other elements of public defense service. A recent state supreme court interim order impacts these standards. What do local governments need to know moving forward?

Read more

Checking the Trash: Catching Public Records Requests Sent to Junk Email Folders

June 2, 2025  by  Sarah Doar
Category:  Court Decisions and AGO Opinions ,  Public Records Act

If a records request gets lost in the junk email folder, an agency might not respond in a timely manner to the request, potentially leading to a PRA lawsuit. These are real fears for an agency, but steps can be taken to make sure emailed requests are not lost or misdirected.

Read more

Behind Closed Doors: Recent Cases Address Requirements for Executive Sessions During Special Meetings

May 13, 2025  by  Linda Gallagher
Category:  Court Decisions and AGO Opinions ,  Open Public Meetings Act

Two recent court cases have revolved around the requirements under the Open Public Meetings Act (OPMA) for executive sessions during special meetings, offering local governments tips on how to avoid violating the OPMA. 

Read more

Immigration Regulation and the Role of Local Governments

April 16, 2025  by  Harry Boesche
Category:  Court Decisions and AGO Opinions ,  Law Enforcement

Immigration issues involve a complicated web of federal, state, and local regulation. How do federal requirements apply to state and local government and are local agencies required to assist the federal government’s enforcement of immigration laws within their jurisdictions?

Read more

Washington Supreme Court Clarifies Agency Obligations Regarding Constitutional PRA Exemptions

March 20, 2025  by  Sarah Doar
Category:  Court Decisions and AGO Opinions ,  Public Records Act

An appeals court decision originally indicated that a public agency has an obligation to assert and defend a third-party’s constitutional rights that may exist outside of the PRA. A recent state supreme court decision reversed this stance and clarified the burdens of proof.

Read more

How Lakewood Addresses Homelessness After the Grants Pass Ruling

February 18, 2025  by  Heidi Wachter
Category:  Guest Author ,  Court Decisions and AGO Opinions ,  Homelessness

Using an integrated approach, Lakewood relies on both regulations and support services to address homelessness and public camping within the community with the goal of moving unhoused individuals into stable living conditions.

Read more

man reviews judicial records in front of a computer

I’m Not Judging You: Handling Public Records Requests Related to the Courts

October 16, 2024  by  Sarah Doar
Category:  Court Decisions and AGO Opinions ,  Public Records Act

Requests for public records related to a court sometimes make their way to a city or county that has a relationship with that court. Is the city or county obligated to respond to such requests under the Public Records Act, and if so, how should they proceed?

Read more

Aerial view of rural property showing graph of increasing dollar value

The Sheetz Decision: Agencies May Now Have To Show Their Work on Impact Fees

July 22, 2024  by  Heidi Greenwood ,  Nick Morton
Category:  Guest Author ,  Court Decisions and AGO Opinions ,  Impact Fees

Under a new U.S. Supreme Court ruling, an agency may have to show how its impact fee calculations are related to land use interests and proportional to the impact of that development. (This blog updates and replaces one originally published in June.)

Read more

Camping Revisited: U.S. Supreme Court Changes the Landscape of Penalizing Public Sleeping

July 15, 2024  by  Harry Boesche
Category:  Court Decisions and AGO Opinions ,  Homelessness

The U.S. Supreme Court's recent decision in Grants Pass v. Johnson gives local governments a greater ability to enact and enforce criminal penalties for acts like public camping or sleeping, even in localities where limited local shelter space contributes to these acts.

Read more

Hand holding stopwatch against a background of shelves filled with files

Starting the Clock: Washington’s Supreme Court Gives New Guidance on Closing Records Requests

May 13, 2024  by  Sarah Doar
Category:  Court Decisions and AGO Opinions ,  Public Records Act

A new state supreme court decision provides the clearest guidance yet on how a public agency should inform members of the public that a public records request is considered closed by the agency.

Read more

A surprised woman reads comments by critics on social media

U.S. Supreme Court Changes Law on Government First Amendment Liability for Social Media Activities

April 8, 2024  by  Harry Boesche
Category:  Court Decisions and AGO Opinions ,  Social Media

The recent ruling in Lindke v. Freed changes Washington law regarding government First Amendment liability in social media use and has important implications for local government officials and their agencies.

Read more

Volunteer drops off food at a church based food pantry

Best Practices When Contracting With Faith-Based Organizations

January 22, 2024  by  Steve Gross
Category:  Court Decisions and AGO Opinions ,  Health and Human Services

After the U.S. Supreme Court’s decision in Kennedy v. Bremerton School District, local agencies may want to review their contracting policies with respect to faith-based organizations. But, in the words of Douglas Adams’s Hitchhiker’s Guide to the Galaxy, “Don’t Panic!”

Read more

Female colleagues, one wearing a hijab, working at computer desk

New Supreme Court Ruling Clarifies Undue Hardship Standard, Makes It Harder to Prove

September 18, 2023  by  Kendra Rosenberg
Category:  Guest Author ,  Court Decisions and AGO Opinions

The U.S. Supreme Court recently ruled on a religious accommodation claim in the case of Gross v. DeJoy, rejecting the prior standard that employers could deny a requested accommodation if the cost would be “more than de minimis."

Read more

New Elections Laws Passed in 2023

July 17, 2023  by  Linda Gallagher
Category:  Court Decisions and AGO Opinions ,  New Legislation and Regulations ,  Elections and Voting

The state legislature adopted several new election laws this year regarding the candidate filing period, voter registration, records of future voters under the age of 18, and the Washington Voting Rights Act.

Read more

Rights and Limits on Filming in Public Facilities

April 24, 2023  by  Michael Incorvaia
Category:  Guest Author ,  Court Decisions and AGO Opinions ,  Operating Policies

First Amendment Audits, when a person records an interaction with a government official or staff member, can be uncomfortable at best, and possibly even veer into harassment. How can an agency ensure the safety of staff without violating the First Amendment Rights of the auditor?

Read more

Several emergency vehicles are parked on a neighborhood street

A Duty to All is a Duty to No One: Understanding the Public Duty Doctrine

March 13, 2023  by  Oskar Rey
Category:  Court Decisions and AGO Opinions

In Norg v. City of Seattle, the Washington Supreme Court issued a decision that has a major impact on the public duty doctrine, and by extension, government tort liability.

Read more

LOAD MORE