ALPENTAL COMMUNITY CLUB, INC. v. SGS

No. 75408-0.

111 P.3d 257 (2005)

154 Wash.2d 313

ALPENTAL COMMUNITY CLUB, INC., a Washington nonprofit corporation; Robert Kevin Johnson and Pamela Jean Ferguson, husband and wife, Petitioners, v. SEATTLE GYMNASTICS SOCIETY, a Washington corporation; Sahalie Ski Club, Inc., a Washington corporation; S.F. Hill Lumber Co., Inc., a Washington corporation; Portac, Inc., a Washington corporation, Respondents.

Supreme Court of Washington, En Banc.

Reconsideration Denied July 8, 2005.


Attorney(s) appearing for the Case

Frank Raymond Siderius, Charles Richard Lonergan, Siderius Lonergan & Martin LLP, Seattle, for Petitioners.

Joseph P. Lawrence, James Eric Carlson, Lawrence and Versnel PLLC, John Robert McDowall, Carney Badley Spellman, Eric Louis Freise, Jill Renee Skinner, Freise & Welchman, Seattle, for Respondents.

Ann Forest Burns, Bruce Henry Williams, Seattle, for Amicus Curiae Wash. Farm Forestry Assoc., Wash. Forest Protection Assoc.


OWENS, J.

¶ 1 In 1995, the Seattle Gymnastics Society, Inc. (SGS), clear-cut seven acres of upslope property to defray repairs on its ski lodge at Snoqualmie Pass in King County. The logging spawned avalanches onto the downhill property owned by members of the Alpental Community Club., Inc. (ACC), a residential community developed in 1967. At issue is whether ACC's nuisance suit against SGS is barred under RCW 7.48.305, which grants immunity to defendants who...

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