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EBEL v. FAIRWOOD PARK II HOMEOWNERS' ASS'N

No. 24586-1-III.

150 P.3d 1163 (2007)

Walter J. EBEL and Linda R. Ebel, husband and wife; Dale Norman Gillies and Debra C. Gillies, husband and wife; Sarah Anne S. Holland, a single person; Jeffrey S. Larsen and Mary D. Larsen, husband and wife; Gaylord L. McCabe and Marijo T. McCabe, husband and wife; James F. McClinton and Sara L. McClinton, husband and wife; Anis A. Quidwai and Shaukat T. Quidwai, husband and wife; Ishtiaq A. Quidwai and Rubina Z. Quidwai, husband and wife; and Thomas L. Temte and Myrna L. Temte, husband and wife, Appellants, v. FAIRWOOD PARK II HOMEOWNERS' ASSOCIATION, a Washington non-profit corporation, Respondent.

Court of Appeals of Washington, Division 3.

January 23, 2007.

Attorney(s) appearing for the Case

Peter A. Witherspoon, Spokane, WA, for Appellants.

Frederick Joseph Dullanty, Jr., Tracy N. Leroy, Witherspoon, Kelley, Davenport & Toole, Spokane, WA, for Respondent.

KATO, J.

¶ 1 Walter Ebel and others (the Property Owners) sought a declaratory judgment that the Fairwood Park II Homeowners' Association lacked authority and was not properly formed. The court granted the Association's motion for summary judgment dismissal. The Property Owners appeal. We affirm.

¶ 2 The Property Owners own real property located within the Fairwood Park II (Fairwood II) subdivision. Fairwood II is the second phase of the Fairwood...

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