WASHINGTON STATE COURT OF APPEALS DIVISION THREE CASE SUMMARIES

washington state court of appeals division three case summaries for oral argument ***************************************************

WASHINGTON STATE COURT OF APPEALS
DIVISION THREE
CASE SUMMARIES FOR ORAL ARGUMENT
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The following summaries are drawn from briefs and lower court
judgments. The summaries have not been reviewed for accuracy by the
judges and are intended to provide a general idea of facts and issues
presented in the cases. The summaries should not be considered
official court documents. Facts and issues presented in these
summaries should be checked for accuracy against records and briefs,
available from the Court, which provide more specific information.
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Date of Hearing: Thursday, October 25, 2012
Location: Spokane
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9:00 a.m.
1) No.: 30417-5-III
Case Name: Families of Manito v. City of Spokane
County: Spokane
Case Summary: St. Mark’s Lutheran Church wanted to expand its parking
area on two adjoining properties for additional parking. It submitted
an application for a conditional use permit. The Spokane Municipal
Code allows a certain number of parking spaces per square foot of the
“main assembly area.” Based on a “main assembly area” comprised of the
fellowship hall, sanctuary, and choir area, the city planner increased
the number of allowed parking spaces at St. Mark’s. A neighborhood
group‒the Families of Manito‒opposed approval of the conditional use
permit. On appeal of the city planner’s decision, the hearing examiner
modified the planning department’s decision and approved the parking
lot expansion. Families appealed the decision to the superior court,
which reversed in part the hearing examiner’s decision. St. Mark’s
appeals.
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the case number.
Division Three Briefs
2) No.: 30389-6-III
Case Name: Washington Trust Bank v. TriGeo Network Security, Inc.
County: Spokane
Case Summary: Washington Trust Bank, on behalf of Joseph P. Delay’s
IRA account, Joseph P. Delay, Paul J. Delay, and Michael J. Delay,
entered into subscription agreements with TriGeo Network Security,
Inc. in September 2000. The Delays agreed to subscribe to 14,000
shares of TriGeo Series A preferred stock. Under the agreements, the
Delays had the right, at any time, to convert their preferred stock to
common stock at a 1:1 ratio. The agreements also contained an
arbitration clause. Later, TriGeo amended its articles of
incorporation to provide that all Series A preferred stock would
automatically convert to common stock on August 1, 2004. In 2011,
SolarWinds, Inc. bought TriGeo, valuing the common stock at $.50 per
share and the Series A preferred stock at $2.50 per share. The Delays
then demanded arbitration, alleging that TriGeo breached the
subscription agreement by converting their preferred stock to common
stock on August 1, 2004. TriGeo moved to dismiss on the ground that
the certificate of designation under the articles of incorporation
superseded the subscription agreement. The superior court denied
TriGeo’s motion and granted the Delays’ motion to compel arbitration.
TriGeo appeals.
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the case number.
Division Three Briefs
11:00 a.m.
3) No.: 30619-4-III
Case Name: Joseph W. Schoenmakers v. Christian P. Bagdon
County: Chelan
Case Summary: Joseph Schoenmakers injured his thumb while using a
table saw at the Door to Door Store. As a former employee of the Door
to Door Store, Schoenmakers knew that the saw was missing its safety
guard. He brought a negligence action against the store’s owner, Chris
Bagdon. The trial court granted summary judgment for Bagdon,
concluding that Schoenmakers assumed the risk of injury when he used
the saw. Schoenmakers appeals.
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the case number.
Division Three Briefs
4) No.: 29912-1-III
Case Name: Mark Fey v. State of Washington Community Colleges of
Spokane
County: Spokane
Case Summary: In 2007, Community Colleges of Spokane (CCS) added as a
condition of employment for groundskeepers the requirement that each
employee obtain a commercial driver’s license. Mark Fey, a Grounds and
Nursery Specialist III at CCS, cannot get a commercial driver’s
license due to an eye condition. Although he was allowed to keep his
current position after the new requirement was instituted, CCS refused
to interview him for a promotion to Grounds and Nursery Specialist IV
because he did not have the required license. He sued CCS for failure
to accommodate a disability. A jury awarded him $7,500 in damages for
lost wages and $0 for damages due to emotional distress. The trial
court entered an order adding an award of $50,000 for emotional
distress, as well as attorney fees and costs. CCS appeals and Fey
cross-appeals.
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the case number.
Division Three Briefs
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