Legal Opinion · Dissent

Rainier View Court Homeowners Ass'n v. Zenker

Court of Appeals of Washington

Decided September 8, 2010No. 39187-2-IIPublished

1DissentArmstrong, J.

¶28 The majority first seeks an ambiguity in phase I plat language as to the future phase III residents’ right to use the park. It finds one in the grantor’s dedication of “these lots to the purchasers thereof,” reasoning that one “tenable” interpretation is that phase III purchasers also receive an interest in the park. Clerk’s Papers (CP) at 121; majority at 721. But the recorded plat depicts only the lots in phase I of the development, lots 1-86. The plat states, “[T]he undersigned owners of the herein described property dedicate these lots to the purchasers thereof.” CP at 121 (emphasis…

2Cases cited10 opinions

  1. Brown v. VossWashington Supreme Court · 1986
  2. City of Seattle v. NazarenusWashington Supreme Court · 1962
  3. City of Olympia v. PalzerWashington Supreme Court · 1986
  4. Beebe v. SwerdaCourt of Appeals of Washington · 1990
  5. Zunino v. RajewskiCourt of Appeals of Washington · 2007

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