WAC rule (Washington) · Go Syfert
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WAC rule in Washington

5 Washington opinions name it 2 courts 2007–2011 0 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
King County v. Central Puget Sound Growth Management Hearings Boardgreen
wash · 2000 · cited in 2 Washington opinions naming this issue, 2011–2011
2 sentences

2011Our Supreme Court previously suggested that economic considerations cannot be outcome determinative because "[p]resumably, in the case of agricultural land, it will always be financially more lucrative to develop such land for uses more intense than agriculture." Redmond, 136 Wash.2d at 52 , 959 P.2d 1091 . ¶ 64 Moreover, the County's overtly heavy reliance on economic factors when deciding whether land has long-term agricultural commercial significance runs afoul of several of the GMA's planning goals—namely, the County's duty to "designate and conserve agricultural lands." Soccer Fields, 142

2011Our Supreme Court previously suggested that economic considerations cannot be outcome determinative because "[p]resumably, in the case of agricultural land, it will always be financially more lucrative to develop such land for uses more intense than agriculture." Redmond, 136 Wash.2d at 52 , 959 P.2d 1091 . ¶ 64 Moreover, the County's overtly heavy reliance on economic factors when deciding whether land has long-term agricultural commercial significance runs afoul of several of the GMA's planning goals—namely, the County's duty to "designate and conserve agricultural lands." Soccer Fields, 142

12
Letourneau v. STATE, DEPT. OF LICENSINGgreen
washctapp · 2006 · cited in 2 Washington opinions naming this issue, 2008–2008
2 sentences

2008App. 657, 665-66 , 128 P.3d 647 (2006) (applying the above guidelines to determine whether a WAC rule should apply retroactively). ¶15 Both parties acknowledge that “[a] regulation may be given retroactive effect where its purpose is to clarify rather than change the law.” Reply in Supp. of Pet. for Review at 11; Suppl.

2008App. 657, 665-66 , 128 P.3d 647 (2006) (applying the above guidelines to determine whether a WAC rule should apply retroactively). ¶15 Both parties acknowledge that “[a] regulation may be given retroactive effect where its purpose is to clarify rather than change the law.” Reply in Supp. of Pet. for Review at 11; Suppl.

12
Letourneau v. Department of Licensinggreen
washctapp · 2006 · cited in 1 Washington opinions naming this issue, 2008–2008
2 sentences

2008Magula v. Benton Franklin Title Co., 131 Wash.2d 171, 181-82 , 930 P.2d 307 (1997); see also Letourneau v. Dep't of Licensing, 131 Wash.App. 657, 665-66 , 128 P.3d 647 (2006) (applying the above guidelines to determine whether a WAC rule should apply retroactively). ¶ 15 Both parties acknowledge that "[a] regulation may be given retroactive effect where its purpose is to clarify rather than change the law." Reply in Support of Pet. for Rev. at 11; Suppl.

2008Magula v. Benton Franklin Title Co., 131 Wash.2d 171, 181-82 , 930 P.2d 307 (1997); see also Letourneau v. Dep't of Licensing, 131 Wash.App. 657, 665-66 , 128 P.3d 647 (2006) (applying the above guidelines to determine whether a WAC rule should apply retroactively). ¶ 15 Both parties acknowledge that "[a] regulation may be given retroactive effect where its purpose is to clarify rather than change the law." Reply in Support of Pet. for Rev. at 11; Suppl.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
City of Redmond v. Central Puget Sound Growth Management Hearings Board green
wash · 1998
2 sentences

2011Our Supreme Court previously suggested that economic considerations cannot be outcome determinative because "[p]resumably, in the case of agricultural land, it will always be financially more lucrative to develop such land for uses more intense than agriculture." Redmond, 136 Wash.2d at 52 , 959 P.2d 1091 . ¶ 64 Moreover, the County's overtly heavy reliance on economic factors when deciding whether land has long-term agricultural commercial significance runs afoul of several of the GMA's planning goals—namely, the County's duty to "designate and conserve agricultural lands." Soccer Fields, 142

2011Our Supreme Court previously suggested that economic considerations cannot be outcome determinative because "[p]resumably, in the case of agricultural land, it will always be financially more lucrative to develop such land for uses more intense than agriculture." Redmond, 136 Wash.2d at 52 , 959 P.2d 1091 . ¶ 64 Moreover, the County's overtly heavy reliance on economic factors when deciding whether land has long-term agricultural commercial significance runs afoul of several of the GMA's planning goals—namely, the County's duty to "designate and conserve agricultural lands." Soccer Fields, 142

22011–2011
Magula v. Benton Franklin Title Co. green
wash · 1997
2 sentences

2008Magula v. Benton Franklin Title Co., 131 Wash.2d 171, 181-82 , 930 P.2d 307 (1997); see also Letourneau v. Dep't of Licensing, 131 Wash.App. 657, 665-66 , 128 P.3d 647 (2006) (applying the above guidelines to determine whether a WAC rule should apply retroactively). ¶ 15 Both parties acknowledge that "[a] regulation may be given retroactive effect where its purpose is to clarify rather than change the law." Reply in Support of Pet. for Rev. at 11; Suppl.

2008Magula v. Benton Franklin Title Co., 131 Wash.2d 171, 181-82 , 930 P.2d 307 (1997); see also Letourneau v. Dep't of Licensing, 131 Wash.App. 657, 665-66 , 128 P.3d 647 (2006) (applying the above guidelines to determine whether a WAC rule should apply retroactively). ¶ 15 Both parties acknowledge that "[a] regulation may be given retroactive effect where its purpose is to clarify rather than change the law." Reply in Support of Pet. for Rev. at 11; Suppl.

22008–2008
Manor v. Nestle Food Co. green
wash · 1997
2 sentences

2008In Wingert, we held that double damages under the WRA were appropriate based upon a WAC rule violation since “ ‘properly promulgated, substantive agency regulations have the force and effect of law.’ ” 146 Wn.2d at 848 (internal quotation marks omitted) (quoting Manor v. Nestle Food Co., 131 Wn.2d 439, 445 , 932 P.2d 628 , 945 P.2d 1119 (1997)).

2008In Wingert, we held that double damages under the WRA were appropriate based upon a WAC rule violation since “ ‘properly promulgated, substantive agency regulations have the force and effect of law.’ ” 146 Wn.2d at 848 (internal quotation marks omitted) (quoting Manor v. Nestle Food Co., 131 Wn.2d 439, 445 , 932 P.2d 628 , 945 P.2d 1119 (1997)).

22008–2008
Manor v. Nestle Food Co. green
wash · 1997
2 sentences

2008In Wingert, we held that double damages under the WRA were appropriate based upon a WAC rule violation since “ ‘properly promulgated, substantive agency regulations have the force and effect of law.’ ” 146 Wn.2d at 848 (internal quotation marks omitted) (quoting Manor v. Nestle Food Co., 131 Wn.2d 439, 445 , 932 P.2d 628 , 945 P.2d 1119 (1997)).

2008In Wingert, we held that double damages under the WRA were appropriate based upon a WAC rule violation since “ ‘properly promulgated, substantive agency regulations have the force and effect of law.’ ” 146 Wn.2d at 848 (internal quotation marks omitted) (quoting Manor v. Nestle Food Co., 131 Wn.2d 439, 445 , 932 P.2d 628 , 945 P.2d 1119 (1997)).

22008–2008
King County v. Central Puget Sound green
wash · 2000
2 sentences

2011Our Supreme Court previously suggested that economic considerations cannot be outcome determinative because "[p]resumably, in the case of agricultural land, it will always be financially more lucrative to develop such land for uses more intense than agriculture." Redmond, 136 Wash.2d at 52 , 959 P.2d 1091 . ¶ 64 Moreover, the County's overtly heavy reliance on economic factors when deciding whether land has long-term agricultural commercial significance runs afoul of several of the GMA's planning goals—namely, the County's duty to "designate and conserve agricultural lands." Soccer Fields, 142

2011Our Supreme Court previously suggested that economic considerations cannot be outcome determinative because "[p]resumably, in the case of agricultural land, it will always be financially more lucrative to develop such land for uses more intense than agriculture." Redmond, 136 Wash.2d at 52 , 959 P.2d 1091 . ¶ 64 Moreover, the County's overtly heavy reliance on economic factors when deciding whether land has long-term agricultural commercial significance runs afoul of several of the GMA's planning goals—namely, the County's duty to "designate and conserve agricultural lands." Soccer Fields, 142

12011–2011
Wingert v. Yellow Freight Systems, Inc. green
wash · 2002
2 sentences

2008Therefore, prior to their incorporation into the WAC, the agency guidelines from the policy statement were advisory only. [9] In Wingert, we held that double damages under the WRA were appropriate based upon a WAC rule violation since "`properly promulgated, substantive agency regulations have the force and effect of law.'" 146 Wash.2d at 848, 50 P.3d 256 (internal quotation marks omitted) (quoting Manor v. Nestle Food Co., 131 Wash.2d 439, 445 , 932 P.2d 628 , 945 P.2d 1119 (1997)).

2008Therefore, prior to their incorporation into the WAC, the agency guidelines from the policy statement were advisory only. [9] In Wingert, we held that double damages under the WRA were appropriate based upon a WAC rule violation since "`properly promulgated, substantive agency regulations have the force and effect of law.'" 146 Wash.2d at 848, 50 P.3d 256 (internal quotation marks omitted) (quoting Manor v. Nestle Food Co., 131 Wash.2d 439, 445 , 932 P.2d 628 , 945 P.2d 1119 (1997)).

12008–2008
Magula v. Benton Franklin Title Co. green
wash · 1997
2 sentences

2008Magula v. Benton Franklin Title Co., 131 Wash.2d 171, 181-82 , 930 P.2d 307 (1997); see also Letourneau v. Dep't of Licensing, 131 Wash.App. 657, 665-66 , 128 P.3d 647 (2006) (applying the above guidelines to determine whether a WAC rule should apply retroactively). ¶ 15 Both parties acknowledge that "[a] regulation may be given retroactive effect where its purpose is to clarify rather than change the law." Reply in Support of Pet. for Rev. at 11; Suppl.

2008Magula v. Benton Franklin Title Co., 131 Wash.2d 171, 181-82 , 930 P.2d 307 (1997); see also Letourneau v. Dep't of Licensing, 131 Wash.App. 657, 665-66 , 128 P.3d 647 (2006) (applying the above guidelines to determine whether a WAC rule should apply retroactively). ¶ 15 Both parties acknowledge that "[a] regulation may be given retroactive effect where its purpose is to clarify rather than change the law." Reply in Support of Pet. for Rev. at 11; Suppl.

12008–2008
Anderson v. STATE, DSHS green
washctapp · 2003
2 sentences

2007Id.

2007Id.

12007–2007

Statutes the citing opinions construe

WA § Wash. Rev. Code § 49.46.090 (3) WA § Wash. Rev. Code § 49.48.030 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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