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Issaquah Law Group - Injury Litigation Attorneys

TRUST: Personal injuries are personal. Which is why the attorneys at ILG treat every client and every case differently. Because they are different, and extremely personal. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built on trust. Trust that you will be heard. Trust that you will be protected. Trust that every effort will be made to see justice done in your case. The singular goal of every ILG attorney is to earn and preserve that trust.

EXPERIENCE: ILG attorneys have a broad base of litigation experience to draw on in all Federal and State courts from on-the-ground investigations to Supreme Court appeals and we bring this experience to bear on behalf of our clients in personal injury and wrongful death claims arising out of motor vehicle accidents, bus versus pedestrian accidents, defective and dangerous products, medical malpractice, slip/trip and fall accidents, and catastrophic losses due to fire.

LOCATION: We are located on the Eastside in Issaquah, convenient to Bellevue, Redmond, Kirkland, Renton, Sammamish and North Bend. However, we provide legal services in King County, Pierce County, Snohomish County and throughout the entire state of Washington.

In addition, through The Amateur Law Professor Blog and LinkedIn postings, we share pertinent opinions and decisions of the Washington State Supreme Court, as well as the pertinent opinions and decisions of the Washington State Courts of Appeal so that our clients can be as update to date on cutting legal issues as we are.

WA Supreme Court: Implied Equitable Servitude May Keep the Golf Going

Riverview Community Group v. Spencer & Livingston

Here’s a short story on this one. People bought properties surrounding a golf course. They bought the properties because it was surrounding a golf course. The golf course then went away, and the owners of the golf course sought to change it to homes.

One of the biggest problems here is the time difference between when the representations that this place was being made with the golf course were made by the developers and the time in which the golf course was going the way of the dodo – 30 years.

When this went to the Court of Appeals, they said that the owners of the property did have some expectation that there would always be a golf course, but that you can’t be expected to maintain a derelict golf course.

The supreme court first looked at standing. For those that don’t know, that is the right for a certain person to bring a lawsuit. In most cases, it’s simple. The person bringing the lawsuit is the one who is directly involved in it. Here, it is an organization of people that may or may not have been involved in the original sales of the houses. However, the association here was formed specifically for the purpose of defending the interests and keeping a golf course in the development.

The next question here has to do with something called equitable servitude. Essentially, this is saying that the golf course is restricted to being a golf course because all these people bought the houses because of the golf course. Usually, these things have to be in writing. Here the question is whether it can be implied because it was represented to the people that bought the houses that the golf course was a major part of this development. When the developers say things like this, it raises the property value. When homeowners sell their houses, it allows them to sell at a higher value. Taking away the golf course would take down the property values.

The court found that there was enough evidence here to have a trial as to whether there was an equitable servitude regarding the golf course. The court also reversed the Court of Appeals on the issue of whether it would, essentially, be unfair to force them to keep this is a golf course for profitability reasons. Unfortunately, there was no evidence in the record one way or the other.

Off to trial we go!

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