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MRSC Insight Blog


Posts for Court Decisions and AGO Opinions

Rights and Limits on Filming in Public Facilities

Rights and Limits on Filming in Public Facilities

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

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?

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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.

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A montage of port, truck and public transit

Unpopular but Necessary: What Exactly Is an Essential Public Facility?

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.

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New Ninth Circuit Ruling Addresses Anti-Camping Ordinances

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. 

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

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. 

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

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?

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Speaking Versus Regulating — The Government Speech Doctrine

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.

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

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.

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New Ruling Addresses Adverse Possession of Public Property

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.

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

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.

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

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.

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

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. 

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Recent Developments in Washington Public Records — June 2021

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.

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Washington Supreme Court Finds I-976 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.

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The 9th Circuit Backs the FCC in Small Wireless Appeal

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.

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New Ruling Provides Guidance on “Specific Intelligence”

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."

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

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. 

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

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. 

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

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.

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Supreme Court Rules Individual State Legislators Are Subject to the PRA

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.

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