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1515-1519 LAKEVIEW v. APARTMENT SALES CORP.

No. 70704-9.

43 P.3d 1233 (2002)

1515-1519 LAKEVIEW BOULEVARD CONDOMINIUM ASSOCIATION, a Washington corporation, Robert A. Ferguson, Douglas A. Taylor, Bruce E. Curnutt, Bruce A. McLaughlin, Frank Y. Fukui and Penny Fukui, husband and wife and the marital community composed thereof, Respondents, v. APARTMENT SALES CORPORATION, a Washington corporation, Michael K. Williams and Jane Doe Williams, husband and wife and the marital community composed thereof, Gordon Capretto and Jane Doe Capretto, husband and wife and the marital community composed thereof, Geotech Consultants, Inc., a Washington corporation, Stephen Sullivan dba Stephen Sullivan Architects, Martha Rose dba Rose Construction Management, Gary Swenson and Jane Doe Swenson, husband and wife and the marital community composed thereof, and RSP/EQE, Inc., a Washington corporation, Defendants, City of Seattle, a Municipal Corporation, Petitioner.

Supreme Court of Washington, En Banc.

Decided April 18, 2002.

Attorney(s) appearing for the Case

Palmer Smith, Stanton Beck, Linda Clapham, Charles Willmes, Graham & Dunn, Stephen Goodman, Mark O'Donnell, Douglas Green, Seattle, for Defendants.

Marcia Nelson, Thomas Sheehan, Asst. Seattle City Attys., Seattle, for Petitioner.

Rand Koler, Kevin Ireland, Seattle, for Respondents.

CHAMBERS, J.

The 1515-1519 Lakeview Boulevard Condominium Association (homeowners) are the owners of three condominiums that were rendered uninhabitable when the soil underlying the property gave way precipitously during winter storms. The homeowners brought suit against several parties, including the City of Seattle (city). The homeowners argued the city should not have permitted the condominiums to be built due to the latent risk of soil movement, and that the city...

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