[WSBARP] Which case to follow
Jeff at bellanddavispllc.com
Jeff at bellanddavispllc.com
Thu Apr 8 08:42:36 PDT 2021
Thanks Doug and Kary, you have answered by question.
Jeff
From: Doug Schafer <schafer at pobox.com>
Sent: Thursday, April 8, 2021 8:25 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>;
Jeff at bellanddavispllc.com
Subject: Re: [WSBARP] Which case to follow
See page 23 of the attached slip opinion (In re Arnold, __ WA___
(2/15/2018)). It asserts that a division's published opinion is binding
statewide on agencies and, presumably, on lower courts.
Doug Schafer, in Tacoma
On 4/8/2021 07:54, Jeff at bellanddavispllc.com
<mailto:Jeff at bellanddavispllc.com> wrote:
Listmates:
This is off topic. Division III issued a published opinion on a topic.
Division II issued a more recent unpublished opinion on the same topic,
specifically rejecting the Division III opinion. My case is in Division II
territory. I would like to argue the Division III analysis as controlling.
I understand unpublished opinions are not binding, but, in the practical
world, which is controlling?
Any thoughts.
Jeff Davis
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