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Property Keyed to French
1515-1519 Lakeview Blvd. Condo. Ass’n v. Apartment Sales Corp.
Facts
A developer sought permission to develop condominiums in the city of Seattle. Concerned with the land beneath the development site, the city required the developer to enter into a covenant with the city promising that the developer will not sue the city if damages accrue resulting from soil movement. After development, the soil changed in such a way that the condos were deemed uninhabitable. The Condominium association filed suit against the city for negligence claiming the city should have never given a permit to develop on that parcel of land. The condominium association was aware of the covenant and they do not challenge that it was improperly recorded but, instead, they challenge the enforceability of the covenant claiming the covenant does not touch and concern the land. Trial Court granted summary judgment in favor of the city of Seattle. The Court of Appeals upheld the Trial Court’s decision however, the appellate court ruled against the city of Seattle for a separate negligence claim stemming from improper storm drain maintenance. The City of Seattle Appeals.
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