MRSC Insight Blog

Posts for Court Decisions and AGO Opinions

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.

A montage of port, truck and public transit

January 30, 2023 by Oskar Rey
Category: Comprehensive Planning-Growth Management , Court Decisions and AGO Opinions

What is an essential public facility under the Growth Management Act? An airport? A transit system? A homeless shelter? What facilities can be defined as essential for the public is at the heart of a recent Washington Court of Appeals case.

New Ninth Circuit Ruling Addresses Anti-Camping Ordinances

October 17, 2022 by Oskar Rey
Category: Court Decisions and AGO Opinions , Homelessness

Last month, the federal Ninth Circuit Court of Appeals issued a decision that provides clarification and guidance to local governments on camping bans and ordinances.

U.S. Supreme Court Upholds Censuring Members of a Governing Body

September 12, 2022 by Steve Gross
Category: Court Decisions and AGO Opinions , Legislative Body

A recent U.S. Supreme Court ruling supports the ability of a governing body to censure one of its members if that person's action obstructs or hinders the body's ability to perform its day-to-day functions.

Church and State: U.S. Supreme Court Makes Changes to Establishment Clause Analysis

July 18, 2022 by Oskar Rey
Category: Court Decisions and AGO Opinions

In light of the recent U.S. Supreme Court ruling in Kennedy v. Bremerton School District, what can a local government do to ensure that its policies are written and applied in a manner that does not discriminate based on an employee’s religious belief?

Speaking Versus Regulating — The Government Speech Doctrine

May 31, 2022 by Oskar Rey
Category: Governance , Court Decisions and AGO Opinions

Government speech is analyzed differently by the courts than government regulation of the speech of others. This blog looks at government speech case law, including the recent U.S. Supreme Court decision in Shurtleff v. City of Boston.

Supreme Court Issues First Opinions on Federal COVID-19 Vaccination Requirements

January 18, 2022 by Steve Gross
Category: COVID-19 , Court Decisions and AGO Opinions , Operating Policies , Personnel Policies

The U.S. Supreme Court has temporarily stopped the implementation and enforcement of a federal rule calling for large U.S. employers to require employees be vaccinated against COVID-19. Following the decision, OSHA withdrew the proposed rule.

New Ruling Addresses Adverse Possession of Public Property

December 6, 2021 by Oskar Rey
Category: Court Decisions and AGO Opinions , Eminent Domain

MRSC occasionally receives inquiries on whether adverse possession applies to public property. A recent Washington Court of Appeals case, Michel v. City of Seattle, provides useful clarification of these standards.

Appeals Court Finds Non-Exempt Workers Must be Paid for All Required Out-of-Town Travel Time

November 29, 2021 by Flannary Collins
Category: Court Decisions and AGO Opinions , Operating Policies

A recent ruling in Port of Tacoma v. Sacks defines what is considered compensable hours when an employee travels for a work-related purpose.

Seven Hills, LLC v. Chelan County: When Does a Nonconforming Use Come into Existence?

October 18, 2021 by Oskar Rey
Category: Development Regulations and Zoning , Court Decisions and AGO Opinions

This blog reviews the recent state Supreme Court decision in Seven Hills LLC v. Chelan County, which looked at whether a marijuana company established its business before the county placed a moratorium on marijuana production.

City of Seattle v. Long: Vehicle Homestead Rights and Excessive Fines

September 13, 2021 by Oskar Rey
Category: Court Decisions and AGO Opinions , Homelessness

Seattle v. Long challenged long-held practices regarding parking enforcement. The Washington Supreme Court finally issued its ruling on the case, expanding the circumstances under which fines may be challenged as excessive and clarifying how homestead rights apply to vehicles.

Recent Developments in Washington Public Records — June 2021

June 14, 2021 by Sarah Doar
Category: Court Decisions and AGO Opinions , Public Records Act , New Legislation and Regulations

This blog reviews recent developments in the law that impacts the disclosure of public records.

The Status of Drug Possession in Washington State

March 29, 2021 by Flannary Collins
Category: Courts and Criminal Justice System , Court Decisions and AGO Opinions

This blog provides an overview of the recent state supreme court decision in State v. Blake, which found that Washington’s strict liability drug possession statute was unconstitutional.

Washington Supreme Court Finds I-976 Unconstitutional

October 16, 2020 by Oskar Rey
Category: Court Decisions and AGO Opinions , Revenues

This blog provides a brief overview of a recent Washington Supreme Court ruling striking down I-976.

The 9th Circuit Backs the FCC in Small Wireless Appeal

September 18, 2020 by Ogden Murphy Wallace
Category: Guest Author , Court Decisions and AGO Opinions , Telecommunications

This post covers a recent ruling from the U.S. Court of Appeals for the Ninth Circuit upholding Federal Communications Commission Orders preempting many aspects of local government regulation of small wireless facilities.

New Ruling Provides Guidance on “Specific Intelligence”

February 24, 2020 by Steve Gross
Category: Court Decisions and AGO Opinions , Public Records Act

This blog discusses the recent ruling in West v. City of Tacoma, which addresses what an agency needs to prove when it claims the Public Records Act’s exemption for “specific intelligence information."

Understanding When It’s Over: Administrative Procedures and the PRA

January 13, 2020 by Oskar Rey
Category: Court Decisions and AGO Opinions , Public Records Act

This blog post summarizes Kilduff v. San Juan County and suggests best practices for agency administrative procedures concerning public records searches.

Court Upholds King County Ordinance Requiring Franchise Compensation for Use of Right-of-Way

January 7, 2020 by Jill Dvorkin
Category: Court Decisions and AGO Opinions , Utilities , Water Utilities

Can a county charge a fee for allowing a utility to use the county’s right-of-way for placement of utility infrastructure? The Washington Supreme Court ruled recently that it can.

Yim I and Yim II Clarify Washington Regulatory Takings and Substantive Due Process Law

January 2, 2020 by Roger Wynne
Category: Guest Author , Court Decisions and AGO Opinions , Land Use Administration

This blog post addresses Yim I and Yim II, two recent Washington Supreme Court rulings that clarify the state's regulatory takings and substantive due process jurisprudence.

Supreme Court Rules Individual State Legislators Are Subject to the PRA

December 24, 2019 by Flannary Collins
Category: Court Decisions and AGO Opinions , Public Records Act

This blog post provides an overview of the recent Washington Supreme Court ruling addressing whether individual state legislators are subject to the Public Records Act.

New Court Case About Mandatory Subjects of Collective Bargaining

December 16, 2019 by Linda Gallagher
Category: Collective Bargaining , Court Decisions and AGO Opinions

A recent ruling by the Washington Court of Appeals, Division I, looks at whether shift staffing may be considered a mandatory or permissive subject of collective bargaining.

New Developments in PRA Land

December 9, 2019 by Flannary Collins
Category: Court Decisions and AGO Opinions , Public Records Act

This blog post provides an overview of two recent Washington State Supreme Court cases that involved the Public Records Act and offers some key takeaways for local governments to consider.

New Ruling Addresses the Extent of the "Public Records" Definition

September 5, 2019 by Flannary Collins
Category: Court Decisions and AGO Opinions , Public Records Act

A new decision from the Washington State Supreme Court addresses the extent of the “Public Records” definition, which now provides more clarity for local governments.

Rights and Limits on Filming in Public Facilities

August 23, 2019 by Aidan Mathis
Category: Court Decisions and AGO Opinions

This blog post looks at "1st Amendment Audits, " the rights of individuals to film in public spaces, and how local governments can legally respond.

Recent PRA Developments — Dog Days of Summer Edition

August 16, 2019 by Oskar Rey
Category: Court Decisions and AGO Opinions , Public Records Act

This blog article covers a recent Attorney General opinion and a Washington Court of Appeals case, both of which address the Public Records Act.

Limits on Pre-Election Litigation Involving Local Ballot Initiatives

June 13, 2019 by Sarah Doar
Category: Court Decisions and AGO Opinions , Elections

A recent court ruling now means that Washington local governments cannot spend public funds to judicially challenge proposed ballot initiatives. This blog post provides an overview of that ruling.

Court Rules that Proposed Initiative Allowing Unfettered Questioning of Immigration Status by City Employees Not Subject to Initiative

January 30, 2019 by Jill Dvorkin
Category: Court Decisions and AGO Opinions

This blog post will summarize the recent decision in Global Neighborhood v. Respect Washington, as well as provide links to resources regarding the power of initiative and referendum for Washington cities and counties.

The Janus SCOTUS Decision: More Questions Than Answers

July 19, 2018 by Linda Gallagher
Category: Collective Bargaining , Court Decisions and AGO Opinions

MRSC Legal Consultant Linda Gallagher looks at the recent US Supreme Court ruling in Janus v. AFSCME and provides some advice to local govenments in Washington State to ensure they are operating in compliance with the new requirements.

Supreme Court: Fire District Email Policy Violated First Amendment

February 22, 2018 by Ramsey Ramerman
Category: Guest Author , Court Decisions and AGO Opinions

A recent Washington Supreme Court ruling found that the Spokane Valley Fire District's policy prohibiting employees from using department email accounts to send religious messages violated the First Amendment. This post looks at the implications for public agencies statewide.

Legislature Addresses Whatcom County v. Hirst

January 24, 2018 by Jill Dvorkin
Category: Court Decisions and AGO Opinions , Water Resources , New Legislation and Regulations

A new law addressing Whatcom County v. Hirst was recently enacted, providing some clarity and a way in which some development can be permitted in rural areas. Legal Consultant Jill Dvorkin reviews the major points of the legislation in this post.

December 2017 Land Use Case Law Update

January 4, 2018 by Jill Dvorkin
Category: Court Decisions and AGO Opinions , Land Use Administration

Legal Consultant Jill Dvorkin reviews the top land use cases from the latter half of 2017. These cases were heard by the State Supreme Court and may impact Washington State local governments in the future.

Ninth Circuit Holds Reed v. Town of Gilbert Does Not Extend to Commercial Speech

October 3, 2017 by Robert Sepler
Category: Court Decisions and AGO Opinions , Sign Control

On August 16, the Ninth Circuit Court of Appeals issued its opinion in Contest Promotions v. City and County of San Francisco, providing its first official guidance on the question of whether Reed v. Town of Gilbert controls the regulation of commercial speech as well as noncommercial speech. In this blog post, MRSC Legal Consultant Robert Sepler gives an overview of this case.

June 2017 Land Use Case Law Update Recap

June 29, 2017 by Jill Dvorkin
Category: Court Decisions and AGO Opinions , Land Use Administration

On June 15, Phil Olbrechts and Jill Dvorkin presented the first of two annual Land Use Case Law Update webinars for 2017. In this blog post, Jill Dvorkin provides a brief recap of the cases covered in the webinar, as well as a summary of another case decided since the webinar.

The Supreme Court Narrowly Construes the “Minimum-Value” Executive Session Exception to the OPMA

June 12, 2017 by Ramsey Ramerman
Category: Guest Author , Court Decisions and AGO Opinions , Open Public Meetings Act

On June 8, the Washington Supreme Court issued its opinion in Columbia Riverkeepers v. Port of Vancouver, adopting a very narrow interpretation of the executive session “exception” to the OPMA for discussion about the sale or lease of real estate (the “minimum-value exception”). In this blog post, guest author Ramsey Ramerman breaks down the case.

New AGO Opinion Concludes the OPMA Allows a Governing Body to Meet via Telephone or Video Conference

April 3, 2017 by Flannary Collins
Category: Court Decisions and AGO Opinions , Open Public Meetings Act

On March 21, 2017, the Washington State Attorney General’s Office (AGO) issued a new opinion on the Open Public Meetings Act (OPMA), opining on whether a governing body can conduct a public meeting by telephone (or video) conference call.

Further Guidance on Records Requests for “Commercial Purposes”

February 7, 2017 by Adrian Urquhart Winder
Category: Guest Author , Court Decisions and AGO Opinions , Public Records Act

Public records for "Commercial Purposes"? The Washington Court of Appeals recently addressed another dispute and rejected a union's constitutional privacy argument.

When Must a Private Entity Comply with the PRA?

January 30, 2017 by Jim Doherty
Category: Court Decisions and AGO Opinions , Public Records Act

Many public agencies in the State of Washington enter into contracts with private entities to provide public services. When private entities begin performing public services by contract, they inevitably begin to create records. The question this blog post will explore is: When are such records “public records” subject to production under the Public Records Act (PRA)?

Vested Rights and the Hirst Decision

January 23, 2017 by Neil Caulkins
Category: Guest Author , Court Decisions and AGO Opinions , Vested Rights

This is the fifth post of a five-part series discussing the Washington Supreme Court’s decision in Whatcom County v. Hirst. This post explores whether one can have a vested right to use a permit-exempt well as the water source for development (subdivision or building permit).

Agencies Must Provide a “Reasonable Time Estimate” in their 5-day Response, Even When Seeking Clarification.

January 20, 2017 by Ramsey Ramerman
Category: Guest Author , Court Decisions and AGO Opinions , Public Records Act

In this blog post, guest author Ramsey Ramerman provides an overview of the Washington Court of Appeals' recent decision in Hikel v. City of Lynnwood, where the court held that a reasonable time estimate is always required with an agency's response to a PRA request that does not fully resolve the request, even when the agency seeks clarification that may affect that time estimate.

What Can Be Done about “Zombie” Properties?

January 17, 2017 by Oskar Rey
Category: Court Decisions and AGO Opinions , Property Nuisances

The Washington Supreme Court's decision in Jordan v. Nationstar Mortgage LLC significantly impacts the ability of local government to take action with respect to vacant or "zombie" properties. This blog post discusses this impact as well as some options for addressing zombie properties.

PRA Case Law Round Up for 2016

January 12, 2017 by Flannary Collins
Category: Court Decisions and AGO Opinions , Public Records Act

It’s a new year and a perfect time for a 2016 PRA case law round up. This blog post recaps major PRA cases from 2016 that should be of continuing interest to Washington's local governments in 2017. Drum roll, please…

Washington Supreme Court Issues Significant Vesting Decision

January 12, 2017 by Jill Dvorkin
Category: Court Decisions and AGO Opinions , Vested Rights

On December 29, the Washington Supreme Court issued Snohomish County, et al. v. Pollution Control Hearings Bd., a significant decision interpreting the statutory vested rights doctrine. This blog posts gives an overview of this decision and discusses its effect on local governments.

Private Email Accounts but Public Records

January 5, 2017 by P. Stephen DiJulio and Philip Paine
Category: Guest Author , Court Decisions and AGO Opinions , Public Records Act

This post looks at the recent Washington State Court of Appeals ruling that held the First and Fourth Amendments of the United States Constitution and Article I, Section 7 of the Washington State Constitution do not afford an individual privacy interest in public records contained in an elected official’s private email account.

Grassy meadow with trees, lake, and mountain in background

Land Use Case Law Update Recap

December 21, 2016 by Jill Dvorkin
Category: Court Decisions and AGO Opinions , Land Use Administration

In our recent Land Use Case Law Update webinar, Phil Olbrechts and Jill Dvorkin discussed key land use cases decided, for the most part, within the past six months. In this blog post, I will briefly recap the cases we covered during the webinar.

PRA Restriction on Providing Lists of Individuals for Commercial Purposes – More Updates

November 17, 2016 by Nancy Krier
Category: Guest Author , Court Decisions and AGO Opinions , Public Records Act

The commercial purpose restriction in the PRA restricts agencies from providing lists of individuals for a commercial purpose. Open Government Advisor Nancy Krier discusses the April 2016 SEIU 775 case, and several developments that have happened since then, that impact the commercial purpose restriction.

The Effect of Hirst on Non-GMA Counties and Issues Other Than Water

November 9, 2016 by Neil Caulkins
Category: Guest Author , Court Decisions and AGO Opinions , Water Resources

This is the fourth part of a five-part series discussing the state Supreme Court’s decision in Whatcom County v. Hirst. This article considers the potential impact of Hirst on counties that do not plan under the GMA and whether Hirst has application to issues other than water.

What is a “Determination of Water Availability” Under Hirst?

November 3, 2016 by Neil Caulkins
Category: Guest Author , Court Decisions and AGO Opinions , Water Resources

This is the third post of a five-part series discussing the Washington Supreme Court’s decision in Whatcom County v. Hirst. In Hirst, the Washington Supreme Court made clear that counties have the responsibility under the Growth Management Act to make determinations of water availability for development permit approval. This post discusses what exactly is a “determination of availability” and how it is different than a “determination of adequacy” under chapter 19.27 RCW.

Approaching Your County’s Post Hirst Water Resource Responsibilities

October 31, 2016 by Neil Caulkins
Category: Guest Author , Court Decisions and AGO Opinions , Water Resources

This is the second post of a five-part series discussing the Washington Supreme Court’s decision in Whatcom County v. Hirst. This post provides an overview of the water resource responsibilities and options that GMA counties now have in light of the Hirst decision.

New Ruling Affirms GMA Counties’ Big Role in Water Resource Planning

October 27, 2016 by Neil Caulkins
Category: Court Decisions and AGO Opinions , Water Resources

This is the first post of a five-part series discussing the Washington Supreme Court’s decision in Whatcom County v. Hirst. This post provides a general overview of the decision, which held that counties have the responsibility under the GMA to make determinations of water availability for development permit approval and cannot defer to Ecology or rely upon the decision of others when making these determinations.

Addressing Religious Speech in the Workplace

October 14, 2016 by Oskar Rey
Category: Court Decisions and AGO Opinions

Local governments face challenges balancing the rights of employees and officials to express their religious views with the agencies' constitutional and statutory legal constraints. A recent court decision, Sprague v. Spokane Valley Fire Department, addressed this issue.

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