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CHADWICK FARMS OWNERS ASS'N v. FHC LLC

Nos. 80450-8, 80459-1.

207 P.3d 1251 (2009)

CHADWICK FARMS OWNERS ASSOCIATION, a Washington nonprofit corporation, Respondent, v. FHC LLC, a Washington limited liability company, Petitioner, 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; and Tight is Right Construction, Inc., a Washington corporation, Respondents. Emily Lane Homeowners Association, a Washington nonprofit corporation, Respondent, v. Colonial Development L.L.C., a Washington limited liability company; The Almark Corporation, a Washington corporation; Daniel J. Mus, an individual; Mark B. Schmitz, an individual; Richard E. Wagner, an individual; Alfred J. Mus, an individual; and Does 1 through 25, Petitioners.

Supreme Court of Washington, En Banc.

Decided May 14, 2009.

Attorney(s) appearing for the Case

Eileen I. McKillop, Oles Morrison Rinker & Baker LLP, John Patrick Hayes, Martin J. Pujolar, Forsberg & Umlauf, Seattle, WA, for Petitioners.

Richard Scott Fallon, Attorney at Law, John E. Zehnder Jr., Jonathan Dirk Holt, Anthony Robert Scisciani III, Scheer & Zehnder LLP, Mary H. Spillane, John Phillip Evans, William Kastner & Gibbs, David Jesse Bierman, Alexander & Bierman PS, Michaelanne Ehrenberg, Karr Tuttle Campbell, William Scott Clement, John E. Drotz, Clement & Drotz, Seattle, WA, for Respondents.

Robert Dean Welden, Washington State Bar Association, Paul Hamilton Beattie Jr., Schwabe Williamson & Wyatt, Seattle, WA, Amicus Curiae on behalf of Washington State Bar Association (Corporate/Business Law Section).

Bryan Patrick Harnetiaux, Attorney at Law, Spokane, WA, Amicus Curiae on behalf of Washington State Association for Justice Foundation.

MADSEN, J.

¶ 1 These consolidated cases involve the capacity of limited liability companies to sue and be sued after their certificates of formation are canceled pursuant to provisions in the Washington Limited Liability Company Act, chapter 25.15 RCW (the Act). Under the plain terms of the Act, a limited liability company ceases to exist as a legal entity and cannot be sued once its certificate of formation is canceled. At the same time, it cannot sue other...

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