The Law Office Of Catherine C. Clark

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The Law Office Of Catherine C. Clark

Fighting Your Legal Disputes With An Unwavering Focus On Results

APPELLATE CASE INDEX

Catherine C. Clark

Appellate Experience

For more than three decades, Catherine C. Clark has represented clients before the Washington Supreme Court, all three divisions of the Washington Court of Appeals, the United States Court of Appeals for the Ninth Circuit, and federal district courts throughout Washington. Her practice includes criminal appeals, civil appeals, amicus advocacy, and appellate consulting for trial counsel. This index provides an overview of significant appellate matters, published decisions, and ongoing appellate work.

Featured Appellate Matters

James Gorman IV v. City of Woodinville

Washington Supreme Court (2012)

Practice Area: Municipal Law / Property Rights

Result: Published Washington Supreme Court decision affirming the Court of Appeals.

Significance: Significant appellate litigation involving claims for adverse possession. 

City of Lynnwood v. Video Only, Inc.

Washington Court of Appeals (2003)

Practice Area: Eminent Domain

Issue: Challenge to public use and necessity.

Result: Successfully argued that the condemnation project must be evaluated as a whole rather than limited to a single parcel.

Significance: Notable eminent domain decision involving project-wide analysis.

Sattler v. Northwest Tissue Center

Washington Court of Appeals (2002)

Practice Area: Civil Appeal

Result: Reversal of summary judgment dismissal.

Significance: Case involving Washington’s Uniform Anatomical Gifts Act.

Currin v. Raff

Washington Court of Appeals (2003)

Practice Area: Real Property

Result: Successful defense of a restraining order and summary judgment quieting title.

Significance: Resolved adverse possession and trespass issues.

Kubec v. Zuluaga

Washington Court of Appeals (2005)

Practice Area: Real Estate Litigation

Result: Successful defense of summary judgment awarding damages and attorney fees.

Significance: Fraud and misrepresentation claims arising from a real property transaction.

Criminal Appeals

Catherine C. Clark maintains a substantial criminal appellate practice throughout Washington. Her work includes direct appeals, post-conviction proceedings, sentencing issues, constitutional claims, and complex matters involving extensive records and procedural histories. She is known for identifying issues that may otherwise be overlooked and developing focused, persuasive appellate arguments.

Recent criminal appellate work includes published and unpublished appellate decisions, direct criminal appeals, sentencing challenges, constitutional claims, personal restraint petitions, and other post-conviction matters.

Ms. Clark currently maintains an active appellate docket of approximately 100 matters pending throughout Washington’s appellate courts.

Civil Appeals

Ms. Clark has handled civil appeals involving real property disputes, eminent domain, land use, commercial litigation, insurance coverage, probate matters, family law disputes, governmental liability, and civil rights claims. Her appellate work spans both published and unpublished decisions across a broad range of substantive areas.

  • Martinez v. Moore (2026)
  • Veristone Fund I LLC v. Lester (2026)
  • McClurg v. Winters (2025)
  • Kindt v. Cunningham (2025)
  • Higgins v. Weathers (2025)
  • Coleman v. American Commerce Insurance (2025)
  • Kelly v. Demulling (2024)
  • Wilmington Savings Fund v. Hopkins (2024)
  • Noble v. Wolford (2024)
  • In re Committed Intimate Relationship of Harris (2024)
  • In re Estate of Rivas (2023)
  • Tall v. Rudy (2023)
  • Perez v. Steever (2023)
  • Sherlock v. New Hope Recovery (2023)
  • Little v. Rosauers Supermarkets, Inc. (2022)
  • Davey v. Gibson (2022)
  • Central Puget Sound Regional Transit Authority v. Marino (2022)
  • Ebbeler v. Andrews (2022)
  • Washington League for Increased Transparency & Ethics v. Fox News (2021)
  • Vance v. Farmers Insurance Co. (2017)
  • McKinley v. Ching-Chih Ma (2015)
  • Despain v. Lund (2015)
  • Mt. Si Construction, Inc. v. Uhrich (2014)
  • Dahl v. Gillespie (2012)
  • Beriault v. King (2009)
  • White Coral Corp. v. Geyser Giant Clam Farms, LLC (2008)
  • Neckas v. Holt (1999)

Real Property, Land Use & Eminent Domain Appeals

Throughout her career, Ms. Clark has developed substantial appellate experience involving property rights, easements, land use regulation, condemnation proceedings, title disputes, and related real estate litigation. These matters have frequently involved complex statutory and constitutional issues as well as significant economic interests.

  • Hebert v. Spring Creek Easement Owners Association (2024)
  • Marina Condominium Homeowners Association v. Stratford at the Marina (2011)
  • Freeman v. Gregoire (2011)
  • Scheidler v. Kitsap County Assessor (2010)
  • Kahne & Kahne Properties, LLC v. Brown (2008)
  • Central Puget Sound Regional Transit Authority v. Coco’s Restaurant (2004)
  • City of Lynnwood v. Video Only, Inc. (2003)
  • Currin v. Raff (2003)
  • Peterson v. Rayfield (2002)
  • Gaylord v. Snohomish County (2001)

Washington Supreme Court Matters

The following matters reflect experience before Washington’s highest court, either as party representation or amicus advocacy. Several are discussed in greater detail above and are included here as part of the complete appellate record.

  • Tri-Cities C.A.R.E.S. et al. v. State Energy Facility Site Evaluation Council et al. (2026)
  • Hebert v. Spring Creek Easement Owners Association (2024)
  • Barlow v. WSU (2024)
  • Wolf v. State of Washington (2023)
  • In re Personal Restraint of Eddie D. Arnold (2018)
  • Selene RMOF II REO Acquisitions II, LLC v. Ward (2017)
  • James Gorman IV v. City of Woodinville (2012)
  • Freeman v. Gregoire (2011)

Decided Appellate Cases

  1. James Gorman IV v. City of Woodinville, 175 Wn.2d 68, 283 P.2d 1082 (2012) affirming Gorman v. City of Woodinville, 160 Wn. App. 759, 249 P.3d 1040 (2011)
  2. State v. Lopez, 2026 Wash. App. LEXIS 994 (May 7, 2026)
  3. Martinez v. Moore, 2026 Wash. App. LEXIS 915 (April 23, 2026)
  4. State v. Jackson, 2026 Wash. App. LEXIS 849 (April 16, 2026)
  5. State v. Perry, 2026 Wash. App. LEXIS 625 (March 24, 2026)
  6. Veristone Fund I LLC v. Lester, 2026 Wash. App. LEXIS 395 (March 2, 2026)
  7. State v. Butler, 2026 Wash. App. LEXIS 331 (February 18, 2026)
  8. State v. Booth, 2026 Wash. App. LEXIS 185 (February 2, 2026)
  9. McClurg v. Winters, 2025 Wash. App. LEXIS 2246 (November 6, 2025)
  10. Kindt v. Cunningham, 2025 Wash. App. LEXIS 1144 (June 16, 2025)
  11. Higgins v. Weathers, 2025 Wash. App. LEXIS (February 19, 2025)
  12. Coleman v. Am. Com. Ins., 2025 Wash. App. LEXIS 164 (February 3, 2025)
  13. Kelly v. Demulling, 2024 Wash. App. LEXIS 2282 (November 25, 2024)
  14. In re Committed Intimate Relationship of Harris, 2024 Wash. App. LEXIS 1320, 2024 WL 3252219 (July 1, 2024)
  15. Wilmington Savings Fund v. Hopkins, 2024 Wash. App. LEXIS 1101 (June 3, 2024) 
  16. Noble v. Wolford, 2024 Wash. App. LEXIS 333, 2024 WL 685788 (February 20, 2024).
  17. Sherlock v. New Hope Recovery, Division Three of the Court of Appeals, Docket No. 391663, Unpublished Opinion, August 17, 2023.
  18. In re Estate of Rivas, Division One of the Court of Appeals, Docket No. 846132, Unpublished Opinion, July 24, 2023
  19. Tall v. Rudy, Division Two of the Court of Appeals Docket No. 572028, Unpublished Opinion, May 23, 2023.
  20. Perez v. Steever, Division One of the Court of Appeals Docket No. 83916-1-I, Unpublished Opinion, April 3, 2023
  21. Little v. Rosauers Supermarkets, Inc., 24 Wn. App. 2d 898, 521 P.3d 298 (2022)
  22. Davey v. Gibson, Division One of the Court of Appeals Docket No. 83099-6-I, 2022 Wn. App. LEXIS 2256 (2022) 
  23. Cent. Puget Sound Reg’l Transit Auth. v. Marino, No. Division One of the Court of Appeals Docket No. 82426-1-I, 2022 Wn. App. LEXIS 1853 (2022) 
  24. Ebbeler v. Andrews, Division One of the Court of Appeals Docket No. No. 82225-0-I, 2022 Wn. App. LEXIS 402 (2022) 
  25. Wash. League for Increased Transparency & Ethics v. Fox News, Division One of the Court of Appeals Docket No. No. 81512-1-I, 2021 Wn. App. LEXIS 2213 (2021) 
  26. Sutey v. T26 Corp., 13 Wn. App. 2d 737, 466 P.3d 1096 (2020) 
  27. Vance v. Farmers Ins. Co., No. 76092-1-I, 2017 Wn. App. LEXIS 2473 (2017) 
  28. Kelley v. Tonda, 198 Wn. App. 303, 393 P.3d 824 (2017) 
  29. McKinley v. Ching-Chih Ma, No. 71102-4-I, 2015 Wn. App. LEXIS 240 (2015)
  30. Despain v. Lund, No. 46321-1-II, 2015 Wn. App. LEXIS 1975 (2015) 
  31. Mt. Si Constr., Inc. v. Uhrich, No. 70568-7-I, 2014 Wn. App. LEXIS 2086 (2014)
  32. Dahl v. Gillespie, No. 67954-6-I, 2012 Wn. App. LEXIS 2828 (2012) 
  33. Marina Condo. Homeowner’s Ass’n v. Stratford at the Marina, LLC, 161 Wn. App. 249, 254 P.3d 827 (2011) 
  34. Kaye v. Lowe’s HIW, Inc., 158 Wn. App. 320, 242 P.3d 27 (2010) 
  35. Scheidler v. Kitsap Cty. Assessor, No. 38781-6-II, 2010 Wn. App. LEXIS 1047 (2010)
  36. Beriault v. King, No. 61636-6-I, 2009 Wn. App. LEXIS 303 (2009)
  37. Kahne & Kahne Prop., LLC v. Brown, No. 60894-1-I, 2008 Wn. App. LEXIS 1735 (2008) (appeal from adverse decision against client in a dispute over access to property).
  38. White Coral Corp. v. Geyser Giant Clam Farms, LLC, 145 Wn. App. 862, 189 P.3d 205 (2008) 
  39. Wittrell v. Kubec, No. 54091-2-I, 2005 Wn. App. LEXIS 1586 (2005)
  40. Sattler v. City of Mukilteo, No. 52407-1-I, 2004 Wn. App. LEXIS 3095 (2004) 
  41. Cent. Puget Sound Reg’l Transit Auth. v. Coco’s Rest., Inc., No. 52683-9-I, 2004 Wn. App. LEXIS 1140 (2004) 
  42. In re Lynnwood to Condemn, 118 Wn. App. 674, 77 P.3d 378 (2003)
  43. In re Currin, No. 50557-2-I, 2003 Wn. App. LEXIS 644 (2003)
  44. Peterson v. Rayfield, No. 49527-5-I, 2002 Wn. App. LEXIS 2001 (2002) 
  45. Thompson v. Gamble, No. 48375-7-I, 2002 Wn. App. LEXIS 753 (2002) 
  46. Sattler v. Northwest Tissue Center, 110 Wn. App. 689, 42 P.3d 440 (2002)
  47. Gaylord v. Snohomish Cty., No. 46663-1-I, 2001 Wn. App. LEXIS 2599 (2001)
  48. Faulkner v. Racquetwood Village Condominium Association, et al., 106 Wn. App. 483, 23 P.3d 1135 (2001) 
  49. M.A. Mortenson Company, Inc. v. Timberline Software Corporation, et al., 140 Wn.2d 568, 998 P.2d 305 (2000) affirming decision at 93 Wn. App. 819, 970 P.2d 803 (1999)
  50. Neckas v. Holt, No. 41979-0-I, 1999 Wn. App. LEXIS 1134 (1999)

Amicus Curiae Advocacy

Ms. Clark has authored and participated in amicus curiae briefs involving significant issues of statewide importance. Her amicus work has addressed property rights, energy development, crime victims’ rights, public infrastructure, statutory interpretation, emerging legal doctrines, and key questions of appellate jurisprudence.

Representative Matters

Amicus Curiae Briefs

  1. Tri-Cities C.A.R.E.S. et al v. State Energy Facility Site Evaluation Council, et al., (Washington Supreme Court Docket No. 1048777) (Oral Argument scheduled for June 2026) (submission of amicus curiae brief on behalf of Representative Joe Fitzgibbon of the Washington State Legislature supporting the approval of the Horse Heaven Clean Energy Center in Eastern Washington).
  2. Hebert v. Spring Creek Easement Owners Ass’n, 2024 Wash. LEXIS 280, 3 Wn.3d 1006, 2024 WL 2844681 (Washington Supreme Court Docket No. 102863-6) (submission of amicus curiae brief on behalf of King County Assessor John Arthur Wilson advocating for an equitable result in favor of property owners who lost a significant amount of equity in their property based on Division Three’s interpretation of the judgment redemption statute at 2024 Wash. App. LEXIS 316, 29 Wn. App. 2d 1042 (Division Three Court of Appeals Docket No. 39382-8).
  3. Wolf v. State of Washington, 2 Wn.3d 93, 534 P.3d 822 (2023) (submission of amicus curiae brief on behalf of the National Crime Victim Law Institute asking the court to reverse Division Two of the Court of Appeals in Wolf v. State, 24 Wn. App. 2d 290, 519 P.3d 608 (2022) where it limited the term “act” in RCW 4.16.340(1)(c) to acts of sexual abuse only. We also argued that the Court should declare that the State’s duty to care for the health, safety and welfare of dependent foster children is non-delegable.). 
  4. Barlow v. WSU, 2 Wn.3d 583, 540 P.3d 783 (2024) (submission of amicus curia brief on behalf of the Gonzaga University School of Law Women’s Law Caucus, the Seattle University School of Law Womxn’s Law Caucus and the University of Washington Women’s Law caucus asking the court to apply the doctrine of the emerging adult to civil cases and finding that a duty was owed by WSU to Plaintiff Barlow who was raped during her first month of school).
  5. In re Pers. Restraint of Eddie D. Arnold, 190 Wn.2d 136, 410 P.3d 1133 (2018) (Ms. Clark was part of a team of lawyers which filed an amicus curiae brief on behalf of the Washington Appellate Lawyers Association regarding the doctrine of stare decisis in Washington State).
  6. Selene RMOF II REO Acquisitions II, LLC v. Ward, 189 Wn.2d 72, 399 P.3d 1118 (2017) (Ms. Clark filed an amicus curiae brief on the issue of what constitutes color of title under Washington’s unlawful detainer statutes).and,
  7. Freeman v. Gregoire, 171 Wn.2d 316, 256 P.2d 264 (2011) (Ms. Clark filed an amicus curiae brief in this contest over Sound Transit’s use of the I-90 bridge for light rail).

Pending Appellate Matters

Recent Oral Arguments

  • Boland v. Wang & Men (Argued February 2026)
  • Additional criminal appellate matters argued before the Washington Court of Appeals.

Awaiting Decision

  • Criminal appeals pending decision in Divisions One and Three.
  • Civil appellate matters pending decision before Washington appellate courts.

Additional Active Matters

Numerous additional appeals remain pending in various stages of briefing, review, oral argument preparation, and decision before Washington appellate courts. Ms. Clark currently maintains an active appellate docket of approximately 100 matters pending throughout the state.