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BROWN v. STATE, DEPT. OF SOCIAL & HEALTH SERVICES

No. 25946-3-III.

185 P.3d 1210 (2008)

Laurie A. BROWN, Respondent, v. STATE of Washington, DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Petitioner.

Court of Appeals of Washington, Division 3.

June 19, 2008.

Attorney(s) appearing for the Case

Shannon Clare Thomas, Attorney General's Office, Spokane, WA, for Petitioner.

Christine M. Weaver, Law Office of Christine M. Weaver PS, Spokane Valley, WA, Crystal Blue Spielman, Attorney at Law, Mead, WA, for Respondent.

BROWN, J.

¶ 1 The Department of Social and Health Services (DSHS) appeals a superior court order reversing a Board of Appeals decision that had reversed an administrative law judge's (ALJ's) ruling that Laurie Brown's actions in restraining a hostile adult at an assisted-living facility had not amounted to abuse. DSHS contends the superior court should have deferred to the agency's interpretation of abuse, which it argues is supported by substantial evidence...

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