[WSBARP] Which case to follow

[Jeff at bellanddavispllc.com]

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Division II issued a more recent unpublished opinion on the same topic,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I understand unpublished opinions are not binding, but, in the practical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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