Wash. Court of Appeals published opinion — 796925.pdf

Citation: Wash. Court of Appeals published opinion — 796925.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/796925.pdf ↗

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No. 79692-5-I/11

summary judgment standard.” Verizon Nw., Inc. v. Emp’t Sec. Dep’t, 164 Wn.2d

909, 915-16, 194 P.3d 255 (2008). A reviewing court must “view the facts in the

record in the light most favorable to the nonmoving party.” Verizon Nw., Inc., 164

Wn.2d at 916 (citing Alpine Lakes, 102 Wn. App. at 14). “Summary judgment is

appropriate only where the undisputed facts entitle the moving party to judgment

as a matter of law.” Verizon Nw., Inc., 164 Wn.2d at 916 (citing Alpine Lakes,

102 Wn. App. at 14). The reviewing court must “evaluate the facts in the

administrative record de novo.” Verizon Nw., Inc., 164 Wn.2d at 916; see also

RCW 34.05.558 (“Judicial review of disputed issues of fact shall be conducted by

the court without a jury and must be confined to the agency record for judicial

review.”). Courts review an agency’s legal determinations under an “error of law”

standard, see RCW 34.05.570(3)(d), which permits a reviewing court to

substitute its view of the law for that of the agency. Verizon Nw., Inc., 164 Wn.2d

at 915 (citing Haley v. Med. Disciplinary Bd., 117 Wn.2d 720, 728, 818 P.2d 1062

(1991)).

Herein, although reviewing the hearing examiner’s order by way of a writ

of review, the superior court properly applied the review standards set forth in

Verizon Nw., Inc. for consideration of an appeal of an agency’s summary

judgment order, noting in its order that