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EAGLE POINT CONDOMINIUM OWNERS ASS'N v. COY

No. 44746-7-I.

9 P.3d 898 (2000)

EAGLE POINT CONDOMINIUM OWNERS ASSOCIATION, a Washington nonprofit corporation; The 1995 Wayne B. and Alice M. Watson Family Trust; Larry G. Waltrip and June Waltrip; Allan C. Koch; and Kenneth R. Koch, Respondents Cross-Appellants, v. Peter C. COY and Kristi Lovick Coy, husband and wife; Ronald B. Cunningham and Roger J. Korthuis, d*b*a "The Lake Whatcom Marina Partnership" and Brixx Design And Development, Inc., a Washington corporation, Appellants Cross-Respondents.

Court of Appeals of Washington, Division 1.

September 18, 2000.

Attorney(s) appearing for the Case

Hal Thurston, Simonarson Visser Zender & Thurston, Bellingham, for Appellants.

William Knudsen, Bellingham, Howard Goodfriend, Catherine Smith, Edwards Sieh Smith & Goodfriend P.S., Seattle, for Respondents.

BECKER, A.C.J.

A condominium association obtained judgment against a developer for breach of express and implied warranties under the Condominium Act, RCW ch. 64.34. Although the Association did not prove all of its claims, and refused a pretrial settlement offer greater than the net damages awarded at trial, the trial court did not err in finding the Association to be the prevailing party for purposes of awarding attorney...

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