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CHADWICK FARMS OWNERS ASS'N v. FHC, LLC

No. 58796-0-I.

160 P.3d 1061 (2007)

CHADWICK FARMS OWNERS ASSOCIATION, a Washington nonprofit corporation, Appellant, v. FHC, LLC, a Washington limited liability company, Respondent/Cross-Appellant, v. America 1st Roofing & Builders, Inc., a Washington corporation; Cascade Utilities, Inc., a Washington corporation; Milbrandt Architects, Inc., P.S., a Washington corporation; Pieroni Enterprise, Inc., d/b/a Pieroni's Landscape Construction, a Washington corporation; Tight is Right Construction, a Washington corporation; Gutter King, Inc., a Washington corporation, Third Party Defendants/Cross-Respondents.

Court of Appeals of Washington, Division 1.

June 18, 2007.

Attorney(s) appearing for the Case

Bryan Patrick Harnetiaux, Spokane, WA, for Amicus Curiae on behalf of Washington Defense Trial Lawyers.

Paul Hamilton Beattie, Jr., Robert Dean Welden, Seattle, WA, for Amicus Curiae on behalf of WA State Bar Assoc.

Mary H. Spillane, John Phillip Evans, Seattle, WA, for Chadwick Farms.

Robert Scott Fallon, Seattle, WA, for America 1st Roofing and Builders, Inc.

Jonathan Dirk Holt, Scheer & Zehnder LLP, Seattle, WA, for Cascade Utilities.

John Patrick Hayes, Viivi Vanderslice, Seattle, WA, for FHC LLC.

David Jesse Bierman, Alexander & Bierman, Seattle, WA, for Gutter King.

Martin T. Crowder, Michaelanne Ehrenberg, Seattle, WA, for Milbrandt Architects Inc.

William Scott Clement, John E. Drotz, Seattle, WA, for Pieroni Enterprise, Inc. Pieroni Landscape.

GROSSE, J.

¶ 1 A 2006 amendment to the statutory framework to limited liability companies providing a three-year survival period within which to commence actions against a dissolved limited liability company (LLC), applies retroactively and permits actions against an LLC even when that company's certificate of formation has been cancelled. The amendment only applies to actions against the company and not to actions brought by a company. Thus, FHC, a dissolved...

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