Legal Opinion
Cole v. HARVEYLAND, LLC
Court of Appeals of Washington
Decided August 22, 2011No. 65404-7-IPublishedCited by 45 opinions
1Opinion of the CourtBecker, J.
¶1 The Washington Law Against Discrimination, chapter 49.60 RCW, provides an exemption from private suit for employers of fewer than eight persons. Where the employer fails to raise the eight-employee issue in the trial court, RAP 2.5(a) does not provide a basis for appellate review. The eight-employee threshold is not “jurisdictional,” and the present case is not one where the plaintiff wholly failed to establish facts upon which relief could be granted. The issue is waived.
¶2 Donald Harvey owns Harveyland LLC, a limited liability company that in turn owns five apartment buildings. Deborah…
2Cases cited27 opinions
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
- Burnside v. Simpson Paper Co.Washington Supreme Court · 1994
- Marley v. Department of Labor & IndustriesWashington Supreme Court · 1994
- State v. CoeWashington Supreme Court · 1984
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3Cited by45 opinions
- In re the Marriage of McDermottCourt of Appeals of Washington · 2013
- Trinity Universal Insurance v. Ohio Casualty InsuranceCourt of Appeals of Washington · 2013
- Mutual of Enumclaw Insurance v. Gregg Roofing, Inc.Court of Appeals of Washington · 2013
- Angelo Property Co., Lp v. HafizCourt of Appeals of Washington · 2012
- Kelsey v. KelseyCourt of Appeals of Washington · 2014
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