inconsistent claim in Washington

13 Washington opinions name it 2 courts 1984–2026 1 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 (4)

Case	Followed	Cited
Mathews v. United Statesgreen scotus · 1988 · cited in 1 Washington opinions naming this issue, 2019–2019 1 sentence 2019Id. at 63, 66 .	1	1
Riss v. Angelgreen wash · 1997 · cited in 1 Washington opinions naming this issue, 2008–2008 2 sentences 2008The Riss opinion clarified that including a specific restriction in a covenant has the legal effect of signaling the document’s intent “that the specific restriction apply rather than an inconsistent standard under a general consent to construction covenant.” Id. at 625-26. 2008“Specific, objective restrictive covenants involve primarily a nondiscretionary, ministerial procedure.” Id. at 625 (citing Alliegro v. Home Owners of Edgewood Hills, Inc., 35 Del.	1	1
Alliegro v. Home Owners of Edgewood Hillsgreen delch · 1956 · cited in 1 Washington opinions naming this issue, 2008–2008 1 sentence 2008"Specific, objective restrictive covenants involve primarily a nondiscretionary, ministerial procedure." Id. at 625, 934 P.2d 669 (citing Alliegro v. Home Owners of Edgewood Hills, Inc., 35 Del.Ch. 543 , 122 A.2d 910, 912 (1956)). ¶ 19 Riss interpreted a covenant that bound owners in a subdivision in a fashion similar to the covenants here.	1	1
State v. Galisiagreen washctapp · 1992 · cited in 1 Washington opinions naming this issue, 1993–1993 1 sentence 1993See, e.g., State v. Galisia, 63 Wn.	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (11)

Case	Cited	Years
State v. McClam green washctapp · 1993 2 sentences 2000McClam, 69 Wash.App. at 890 , 850 P.2d 1377 . 2000McClam, 69 Wn.	3	1999–2000
Taylor v. Bell green washctapp · 2014 2 sentences 2026Taylor v. Bell, 185 Wn. 2017Taylor v. Bell, 185 Wn.	2	2017–2026
Alliegro v. Home Owners of Edgewood Hills, Inc. green delch · 1956 2 sentences 2008"Specific, objective restrictive covenants involve primarily a nondiscretionary, ministerial procedure." Id. at 625, 934 P.2d 669 (citing Alliegro v. Home Owners of Edgewood Hills, Inc., 35 Del.Ch. 543 , 122 A.2d 910, 912 (1956)). ¶ 19 Riss interpreted a covenant that bound owners in a subdivision in a fashion similar to the covenants here. 2008“Specific, objective restrictive covenants involve primarily a nondiscretionary, ministerial procedure.” Id. at 625 (citing Alliegro v. Home Owners of Edgewood Hills, Inc., 35 Del.	2	2008–2008
City of Kennewick v. Board for Volunteer Firefighters green washctapp · 1997 2 sentences 2005City of Kennewick v. Bd. for Volunteer Firefighters, 85 Wn. 2005City of Kennewick v. Bd. for Volunteer Fire Fighters, 85 Wash.App. 366, 370 , 933 P.2d 423 (1997).	2	2005–2005
State v. Hurchalla green washctapp · 1994 2 sentences 2000The discussion of State v. Hurchalla, 75 Wash. App. 417 , 877 P.2d 1293 (1994), State v. McClam , and State v. McJimpson, 79 Wash. App. 164 , 901 P.2d 354 (1995), is of marginal relevance since all three were lesser included offense cases. 2000The discussion of State v. Hurchalla, 75 Wn.	2	2000–2000
Riss v. Angel green wash · 1997 2 sentences 2008The Riss opinion clarified that including a specific restriction in a covenant has the legal effect of signaling the document's intent "that the specific restriction apply rather than an inconsistent standard under a general consent to construction covenant." Id. at 625-26, 934 P.2d 669 . 2008"Specific, objective restrictive covenants involve primarily a nondiscretionary, ministerial procedure." Id. at 625, 934 P.2d 669 (citing Alliegro v. Home Owners of Edgewood Hills, Inc., 35 Del.Ch. 543 , 122 A.2d 910, 912 (1956)). ¶ 19 Riss interpreted a covenant that bound owners in a subdivision in a fashion similar to the covenants here.	1	2008–2008
State v. McJimpson green washctapp · 1995 1 sentence 2000The discussion of State v. Hurchalla, 75 Wash. App. 417 , 877 P.2d 1293 (1994), State v. McClam , and State v. McJimpson, 79 Wash. App. 164 , 901 P.2d 354 (1995), is of marginal relevance since all three were lesser included offense cases.	1	2000–2000
State v. McJimpson green washctapp · 1995 1 sentence 2000The discussion of State v. Hurchalla, 75 Wash. App. 417 , 877 P.2d 1293 (1994), State v. McClam , and State v. McJimpson, 79 Wash. App. 164 , 901 P.2d 354 (1995), is of marginal relevance since all three were lesser included offense cases.	1	2000–2000
Board of Regents of the University v. City of Seattle green wash · 1987 2 sentences 1991Cf. Board of Regents v. Seattle, 108 Wn.2d 545, 553 , 741 P.2d 11 (1987) (silence coupled with knowledge of an adverse claim will estop party from later asserting an inconsistent claim); and Voel-ker v. Joseph, 62 Wn.2d 429, 436 , 383 P.2d 301 (1963) (doctrine of implied waiver by silence or acquiescence is invoked only where a forfeiture would otherwise result). 1991Cf. Board of Regents v. Seattle, 108 Wn.2d 545, 553 , 741 P.2d 11 (1987) (silence coupled with knowledge of an adverse claim will estop party from later asserting an inconsistent claim); and Voel-ker v. Joseph, 62 Wn.2d 429, 436 , 383 P.2d 301 (1963) (doctrine of implied waiver by silence or acquiescence is invoked only where a forfeiture would otherwise result).	1	1991–1991
Voelker v. Joseph green wash · 1963 2 sentences 1991Cf. Board of Regents v. Seattle, 108 Wn.2d 545, 553 , 741 P.2d 11 (1987) (silence coupled with knowledge of an adverse claim will estop party from later asserting an inconsistent claim); and Voel-ker v. Joseph, 62 Wn.2d 429, 436 , 383 P.2d 301 (1963) (doctrine of implied waiver by silence or acquiescence is invoked only where a forfeiture would otherwise result). 1991Cf. Board of Regents v. Seattle, 108 Wn.2d 545, 553 , 741 P.2d 11 (1987) (silence coupled with knowledge of an adverse claim will estop party from later asserting an inconsistent claim); and Voel-ker v. Joseph, 62 Wn.2d 429, 436 , 383 P.2d 301 (1963) (doctrine of implied waiver by silence or acquiescence is invoked only where a forfeiture would otherwise result).	1	1991–1991
Beggs v. City of Pasco green wash · 1980 2 sentences 1984Beggs v. Pasco, 93 Wn.2d 682, 689 , 611 P.2d 1252 (1980). 1984Beggs v. Pasco, 93 Wn.2d 682, 689 , 611 P.2d 1252 (1980).	1	1984–1984

Where else courts name it

NY 23 (1920–2024) CA 21 (1925–2024) IN 13 (1977–2025) WA 13 (1984–2026) GA 10 (1918–2021) TX 10 (1913–2022) FL 9 (1968–2021) CO 8 (1984–2024) MI 8 (1927–2024) NC 8 (1927–2002) MO 8 (1967–2019) MD 6 (1969–2016) IA 6 (1884–2015) CT 6 (1932–2010) KS 6 (1895–2024) OH 4 (1912–2025) NM 4 (1983–2019) AL 4 (1888–1983) IL 4 (1911–2016) NJ 3 (1973–2023) AZ 3 (1989–2023) MN 3 (1905–1987) PA 3 (2017–2024) KY 3 (1913–2025) OR 3 (1900–1987) WI 2 (2007–2011) MA 2 (1996–2025) NH 2 (1972–2018) OK 2 (1931–1985) NE 2 (1928–1982) WV 2 (1911–1999) SC 2 (1973–1986)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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