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KELSEY LANE HOMEOWNERS ASS'N v. KELSEY LANE CO., INC.

No. 53268-5-I.

103 P.3d 1256 (2005)

KELSEY LANE HOMEOWNERS ASSOCIATION, a Washington nonprofit corporation, Appellant, v. KELSEY LANE COMPANY, INC., a Washington corporation, Respondent, and Does 1 Through 20, Defendants.

Court of Appeals of Washington, Division One.

January 10, 2005.

Attorney(s) appearing for the Case

Richard Harvey Levin, John Christian Siegel, Levin & Stein, Seattle, WA, Jerry Harvey Stein, Los Angeles, CA, for Appellant.

Jerret E. Sale, Deborah Lynn Carstens, Gregory A.V. Clark, Bullivant Houser Bailey, PC, Seattle, WA, for Respondent.

Andrew C. Cook, Building Industry Ass'n of Washington, Olympia, WA, for Amicus Curiae — Building Industry Association of Washington.

AGID, J.

A condominium homeowners association appeals a trial court's order dismissing its case on summary judgment. The association sued the condominium project's declarant after construction defects caused severe water damage to the condominium buildings. The association now argues the trial court erred by finding no genuine issue of material fact about the declarant's actual knowledge of the defects and by dismissing the case without considering claims that relied...

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