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The Implied Termination Of Community Property Agreements Upon Permanent Separation, William Oltman
The Implied Termination Of Community Property Agreements Upon Permanent Separation, William Oltman
Seattle University Law Review
This Article will assess the effect of living separate and apart in a defunct marriage on the typical community property agreement, including both inter-vivos and at-death elements. First, as background, this Article will explain and analyze the Washington law status of the concept of living separate and apart. Second, this Article will then review the facts and the holding of In re Estate of Lyman, an appeals court case illustrating the typical fact situation and setting forth the approach of the Washington Supreme Court in this area. It remains the best and most instructive example to date of this …
What Shelter Remains For Builder/Vendors Under Rcw 4.16.300-320 After Pfeifer V. Bellingham?, Peter Sandomire
What Shelter Remains For Builder/Vendors Under Rcw 4.16.300-320 After Pfeifer V. Bellingham?, Peter Sandomire
Seattle University Law Review
This Note criticizes Pfeifer's incomplete resolution of the apparent conflict between Wash. Rev. Code §§ 4.16.300-.320 and § 353 of the Restatement (Second) of Torts and calls for a reconsideration of the case. The Note is premised on the general validity of statutes of repose and the merit of the policies that they promote. The Note first reviews briefly the development of statutes of repose generally, how they operate, and how courts in Washington and in other jurisdictions have applied them. It then analyzes the development of the Restatement's § 353 and its policy. Next, it examines the Pfeifer court's …
Death By Sepa: Substantive Denials Under Washington's State Environmental Policy Act, Roger Pearce
Death By Sepa: Substantive Denials Under Washington's State Environmental Policy Act, Roger Pearce
Seattle University Law Review
This Comment seeks to answer the question raised by West Main II and Cougar Mountain of what procedural processes and substantive policies may be used in SEPA-based denials. After examining the nature of substantive SEPA authority and the relationship between substantive SEPA and Washington's vested rights doctrine, the Comment will discuss West Main II and Cougar Mountain and will argue that the two cases are consistent. It will then provide an informative assessment of the current limits of substantive SEPA authority. The Comment concludes by suggesting the following legislative or judicial changes in SEPA law: earlier vesting of SEPA policies, …
Retaliatory Eviction And Periodic Tenants In Washington, Phillip Raymond
Retaliatory Eviction And Periodic Tenants In Washington, Phillip Raymond
Seattle University Law Review
This comment evaluates the availability of the retaliatory eviction defense to periodic tenants in Washington State in light of a recent appellate court decision, Stephanus v. Anderson, denying periodic tenants the defense where the statutorily required twenty day termination notice is provided. An analysis of the basic policies underlying the Act, to ensure safe, sanitary housing conditions and to prohibit landlords' retaliatory actions against tenants exercising their rights to attain decent housing conditions, indicates periodic tenants be allowed to assert the retaliatory eviction defense. Additionally, the language of the retaliatory action provision of the statute supports an interpretation granting …