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RCW 7.16.120

Questions involving merits to be determined.

Applied in 70 court decisions — leading case 126 Wash. 2d 22 - Hilltop Terrace Homeowner's Ass'n v. Island County (1995)

Most recently applied in Dress v. Department of Corrections (May 2012)

1989 c 7 s 1; 1957 c 51 s 6; 1895 c 65 s 12; RRS s 1010.

How often courts cite this section

195519601970198019902000201280
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The questions involving the merits to be determined by the court upon the hearing are:

(1) Whether the body or officer had jurisdiction of the subject matter of the determination under review.

(2) Whether the authority, conferred upon the body or officer in relation to that subject matter, has been pursued in the mode required by law, in order to authorize it or to make the determination.

(3) Whether, in making the determination, any rule of law affecting the rights of the parties thereto has been violated to the prejudice of the relator.

(4) Whether there was any competent proof of all the facts necessary to be proved, in order to authorize the making of the determination.

(5) Whether the factual determinations were supported by substantial evidence.

Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.