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ISSAQUAH LAW GROUP

Issaquah Law Group: Experienced Counsel; Client Focus

PHILOSOPHY: Formed in 2014, Issaquah Law Group is a law firm with one focus: providing businesses and insurers with high quality legal representation with the responsiveness of a smaller firm. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built upon clear and consistent communication. 

LITIGATION: We work closely with our clients to fully and accurately understand their goals, work collaboratively to formulate specific legal strategies, and execute the agreed plan of action utilizing methods most likely to result in the efficient and effective resolution of the matter. 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 in the areas of personal injury and wrongful death, product liability, commercial general liability, labor & employment, construction litigation, and catastrophic losses due to fire and explosion.

BUSINESS LAW: Rarely is the path from point A to point B a straight line, so our role in a business law practice is to find alternatives, devise workable strategies, and keep your business ideas, goals and objectives moving toward realization. ILG’s business attorneys help clients achieve their goals with respect to business formation, intellectual property, labor and employment, CAN-SPAM, copyright and trademark

COMMUNITY: In addition, the Lawyers at Issaquah Law Group remain active in the legal and civic community. A core commitment of our Issaquah Attorneys is community service. Our attorneys' civic involvement includes the King County Civil Rights Commission; the City of Issaquah Planning Policy Commission; the Northwest Screenwriters Guild, service as a pro tem judge. We live and work in the Pacific Northwest, and we aim to make it a better place.

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 Legal Roundup: Division III

 

Kennewick Public Hospital v. Hawe

Ah, the rule against perpetuities raises its ugly head.  Albert devised his real property to Kennewick Public Hospital (KPH) so long as the property was never transferred, encumbered, or otherwise alienated.  If the contingency was breached, then the land would vest to Benton County.  The remainder of Albert’s estate was left to his sister, his niece, and his nephew.  Albert died in 1961.  Albert’s niece died in the 1980s and she left her estate to the Diocese of Olympia. 

In 2006, KPH sued to quiet title in the property.  Benton County waived any interest in the property.  The court entered default judgments against all defendants except the Diocese.  KPH and the Diocese filed cross-motions for summary judgment.  The trial court granted summary judgment to KPH concluding that KPH held the property in fee simple absolute.

Both parties agreed that the executory interest of the County violated Washington’s rule against perpetuities and was therefore void.  The Diocese argued that since this interest was void, once KPH violated the terms against transfer of the property, the residuary clause in the will kicked in and the property would vest back to Albert’s niece and thus to the Diocese (fee simple determinable).  KPH argued that the devise was an attempt at an estate subject to executory limitation and when the limitation was struck, a fee simple absolute remained.  Since Albert’s will had no wording that would suggest that the property would “revert” back, Division III held that the estate was a fee simple subject to a executory limitation and when the limitation failed KPH was left with fee simple absolute.  Ah, brings back memories of Professor Weaver’s classes. 

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