Tomorrow's opinions, September 2, 2010
The Supreme Court will issue decisions in four cases tomorrow.
Fitzpatrick v. Okanogan County, No. 81257-8. This case is on appeal from Division Three Court of Appeals, and presents the Court with the question of whether a landowner may be compensated (via inverse condemnation) for damage caused to his property by a public project.
The damaged property was a log home built by the Fitzpatricks near the Methow River, which was washed away when the river abruptly changed course due to the construction of a dike upstream. The dike was a joint project of the state and county. The trial court granted summary judgment for the county, relying on the Common Enemy Doctrine (a rule allowing landowners to divert surface water, even to the detriment of neighoring landowners), but was reversed by the Court of Appeals.
Freeman v. Freeman, No. 82283-2. What must be proved for a trial court to terminate a permanent protection order? Robin Freeman got a permanent protection order against Rob Freeman due to domestic violence. Rob, a member of the military, has since moved away. He lost a hand in Iraq, and this made it necessary to retrain and change careers within the military. However, he needed a security clearance and could not get one because of the permanent protection order.
Rob moved to terminate the protection order. The trial court denied the motion, finding that Robin is currently in reasonable fear of Rob. The Court of Appeals reversed, finding that Rob had not been in Washington or had contact with Robin since 1998, that he had violated neither the protection order nor any law, and that “due to time and distance, there is no evidence to support a current fear” of physical harm.
Internet Community & Entertainment Corp., d/b/a Betcha.com v. State, No. 82845-8. In 2007, Internet Community & Entertainment Corp. was informed by agents of the Washington State Gambling Commission that its website Betcha.com was engaged in illegal gambling. The company sued the state seeking a declaratory judgment that its social wagering site does not violate state law. Betcha.com lost at the trial level. On appeal, the Court of Appeals held that because Betcha.com customers agreed in advance that participants were not required to pay their losses, Betcha.com was not engaged in “gambling” as defined in the Gambling Act.
State v. McCuistion, No. 81644-1. On appeal from Division Two Court of Appeals, this case originated in Pierce County Superior Court. It concerns whether a statute that prescribes the type of evidence sexually violent predators can use to show they qualify for a release hearing is constitutional.
McCuistion is a sexually violent predator who is committed indefinitely to a mental institution. State law permits him to have a release hearing (to determine if he is eligible for release) if he can clearly demonstrate (show prima facie evidence) that he is no longer a sexually violent predator. The types of evidence that can be used are limited, and the state is allowed to rely on annual psychiatric reviews. McCuistion appeals the evidence restrictions as unconstitutional.
