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Property Keyed to French
1515-1519 Lakeview Blvd. Condo. Ass’n v. Apartment Sales Corp.
Citation:
43 P.3d 1233 (Wash. 2002)Facts
The City of Seattle granted permits to Apartment Sales Corporation to build three townhouse condominiums on a steep slope between Capitol Hill and Eastlake districts. The site consisted of permeable sand and fill resting on impermeable silt and clay, a configuration prone to landslides. As a condition for granting building permits, the city required the developers to: inform purchasers of soil movement risks, maintain continuous insurance, and record a covenant releasing the city from liability for damages caused by soil movement except those resulting from the city’s sole negligence. The covenant was properly recorded and referenced in at least one homeowner’s title insurance. After approximately four years of occupancy, during which the properties experienced multiple flooding incidents coinciding with public storm drain overflows, severe winter storms in late December 1996 triggered catastrophic soil movement. On January 3, 1997, the property sank between four and six feet and moved west two feet, rendering the homes uninhabitable. The homeowners sued multiple parties, including the city, alleging negligent permitting and negligent maintenance of the storm drain system.
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