RIVERVIEW COMM. GP. v. SPENCER & LIVINGSTON

No. 88575-3.

337 P.3d 1076 (2014)

181 Wn.2d 889

RIVERVIEW COMMUNITY GROUP, a non-profit Washington Corporation, Petitioner, v. SPENCER & LIVINGSTON, a Washington Partnership, and/or its successors-in-interest; George T. and Sheila Livingston, husband and wife, and the marital community composed thereof; Deer Meadows, Inc., a defunct Washington Corporation, and/or its successors-in-interest; Deer Meadow Development, Inc., a Washington corporation, and/or its successors-in-interest; S.O.S., LLC, a Washington Limited Liability Company, and/or its successors-in-interest; Deer Meadows Golf, Inc., an inactive Washington corporation, and/or its successors-in-interest; also all other persons or parties unknown claiming any right, title, estate, lien, or interest in the real estate described in the complaint herein, Respondents.

Supreme Court of Washington, En Banc.

November 20, 2014.


Attorney(s) appearing for the Case

David P. Boswell , Boswell Law Firm PS, Spokane, WA, for Petitioner.

David A. Kulisch , Attorney at Law, Michael Robert Grover , Randall Danskin PS, Spokane, WA, David Scott Mann , Gendler & Mann LLP, Brendan Wesley Donckers , Breskin Johnson & Townsend, PLLC, Seattle, WA, Peter Guillum Scott , Gough, Shanahan, Johnson & Waterman, Bozeman, MT, for Respondent.


GONZÁLEZ, J.

¶ 1 We are asked whether property developers' representations about a property anchoring a development may impose an equitable servitude on that property. We find that such representations may impose a servitude if, among other things, they are made by someone with the authority to burden the property. We are also asked whether the Riverview Community Group has the authority to pursue equitable relief based on the developers' representations...

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