Carmichael Clark represents clients before state and federal appellate courts in all areas of its practice. The firm also represents clients in appeals from administrative decisions before administrative appeals boards at the local and state level, including the Growth Management Hearings Board, Shorelines Hearings Board, and Pollution Control Hearings Board.
Our attorneys are skilled brief writers, with the ability and focus to distill the most legally and factually complex cases in order to make specific, technical legal arguments necessary to prevail in appellate courts.
We bring a highly skilled team of experience to your Appeals.
Court Cases
Representative Cases
Ferlin v. Chuckanut Community Forest Park District
1 Wash. App. 2d 102, 404 P.3d 90 (Wash. Ct. App. 2017)
Obtained dismissal of a lawsuit brought by taxpayers challenging a tax imposed to fund the purchase of park land in Bellingham known locally as the “Hundred Acre Wood”. The Washington Supreme Court denied to accept review.
Mojarrad v. Walden
Dkt. No. 74546-8-I, available at 2016 Wash. App. LEXIS 3034 (Dec. 19, 2016)
Obtained reinstatement of breach of deed warranty claims involving a driveway that were improperly dismissed by the trial court on statute of limitations grounds.
Challenged Tax Assessment
Successfully challenged a $33,000+ tax assessment issued against our business client by the Washington Employment Security Department.
L&I Premium Reduction
Negotiated a $14,000 reduction in a Washington Labor & Industries premium assessment against a plumbing business when L&I improperly characterized a part-time apprentice as a full-time employee.
Hurley v. Port Blakely Tree Farms LP
182 Wash. App. 753, 332 P.3d 469 (Wash. Ct. App. 2014)
Obtained summary judgment dismissal of plaintiff’s strict liability claims related to damage caused by landslides alleged to have been caused by logging by various timber companies. The plaintiffs appealed. The court of appeals affirmed and ruled strict liability does not apply to timber harvest activities. Represented timber industry trade group in successfully requesting the court of appeal’s decision be published so that it now serves as legal precedent for other cases brought in Washington.
Torts & Insurance
Faust v. Albertson
167 Wash.2d 531, 222 P.3d 1208 (Wash. 2009)
Submitted amicus curie brief on behalf of Mothers Against Drunk Driving in case regarding negligent over-service of alcohol.
Fox v. Evans
127 Wash. App. 300, 111 P.3d 267 (Wash. Ct. App. 2005)
Affirmed trial court’s jury instruction on plaintiff’s failure to mitigate damages by making unreasonable treatment decisions in medical malpractice case.
Geschwind v. Flanagan
121 Wash.2d 833, 854 P.2d 1061 (Wash. 1993)
Negligence action by passenger against driver involving a car crash in which both passenger and driver were intoxicated.
Stoughton v. Mutual of Enumclaw
61 Wash. App. 365, 810 P.2d 80 (Wash. Ct. App. 1991)
Homeowner’s part- time employment was a “business pursuit” under the “business pursuits” exclusion in a homeowners insurance policy.
Real Estate, Land Use, Environmental, Municipal
Wells v. Growth Mgmt. Hearings Bd.
100 Wash. App. 657, 997 P.2d 405 (2000)
Appeal involving claim that portions of Whatcom County’s comprehensive plan and development regulations were invalid under Washington’s Growth Management Act.
Lummi Indian Tribe v. Whatcom County
5 F.3d 1355 (9th Cir. 1993)
Tribe’s reservation land patented under a treaty is not exempt from Washington’s ad valorem property tax.
Harvest House Restaurant, Inc. v. City of Lynden
102 Wash.2d 369, 685 P.2d 600 (Wash. 1984)
Court dismissed as moot a constitutional challenge to a city ordinance that limited dancing on premises licensed to serve alcohol.
Business, Debtor-Creditor, Bankruptcy
In re Wicklund
2016 U.S. Dist. LEXIS 148377 (W.D. Wash. March 28, 2016)
Obtained denial of debtor’s bankruptcy discharge on summary judgment based on debtor’s false statements in the bankruptcy. The denial of discharge was upheld on appeal by the federal district court.
Wicklund v. Robert D. Johnson Trust (In re Wicklund)
2016 Bankr. LEXIS 810 (B.A.P. 9th Cir. March 15, 2016)
Obtained denial of the debtor’s homestead exemption claimed when the debtor did not live in the rental house and never filed a declaration of homestead.
Foster v. Double R Ranch Association (In re Foster)
435 B.R. 650 (B.A.P. 9th Cir. 2010)
Represented the creditor home owners association in a case of first impression in which the appellate court ruled that the homeowners association’s claim against the debtor for homeowners association fees incurred after the bankruptcy petition was not dischargeable in the debtor’s chapter 13 bankruptcy.
In re Plata
958 F.2d 918 (9th Cir. 1992)
A case of first impression on whether funds acquired by petitioners after confirmation of their chapter 12 bankruptcy reorganization plan for eventual distribution to creditors belongs to the petitioners or the creditors when the chapter 12 case is converted to a chapter 7 liquidation.
In re Gitts
116 B.R. 174 (B.A.P. 9th Cir. 1990), aff’d by 927 F.2d 1109 (9th Cir. 1991)
The bankruptcy court allowed a homestead exemption claimed by debtors who did not physically reside on property on the date of bankruptcy but filed a declaration of homestead after the bankruptcy petition.
Employment
Kohn v. Georgia-Pacific Corp.
69 Wash. App. 709, 850 P.2d 517 (Wash. Ct. App. 1993)
Breach of employment contract, age and handicap discrimination.
Kimbro v. Atlantic Richfield Co.
889 F.2d 869 (9th Cir. 1989)
Handicap discrimination, breach of employment contract, and ERISA violations.
Sweitzer v. Washington Department of Employment Security
43 Wash. App. 511, 718 P.2d 3 (Wash. Ct. App. 1986)
Overturned trial court’s ruling denying unemployment benefits on the ground that employee acted unreasonably in quitting before attempting to resolve job problems by complaining to management.
