[WSBARP] Statute of Limitations Question

[Scott.glen.thomas]

Did developer materially breach by failing to obtain final plat (creating the additional parcel, if i understand facts corectly)?  If so, when did preliminary plat expire?


Sent from my T-Mobile 4G LTE Device


-------- Original message --------
From: Richard Holland <rich at pnwle.com> 
Date:07/28/2017  11:37 AM  (GMT-08:00) 
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com> 
Cc:  
Subject: Re: [WSBARP] Statute of Limitations Question 

Wouldn’t Party A’s argument be equity based like laches / estoppel and not Stat of Limitations?  I mean the SOL runs from breach and where exactly would the measuring/trigger point be?  Best case somehow at sale from D1 to D2? 
 
(cryptically from mobile)
 
Rich Holland
 
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Ron Housh
Sent: Friday, July 28, 2017 9:18 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Statute of Limitations Question
 
Interesting statute of limitations issue.
 
Party A buys Parcel A from Developer One in 2006.
Party A agrees to cooperate “to the greatest extent possible” [whatever that means] in seller’s completion of a Rural Cluster Subdivision – a 32 Lot development.
Upon approval of the Plat then an additional Parcel will be available for Party A to purchase.
Party A further agrees to “adhere to the CCR’s of the Plat to be established” and further agrees to “respect and acknowledge” [whatever that means] the open space and native growth protection area in the Plat.
 
Developer One never develops the property and eventually sells all of the properties – except Parcel A which is still owned by Party A -   to Developer Two.
 
Developer Two is now seeking Plat approval which incorporates Parcel A  into the plat and incorporates Parcel A into the CCR’s and is asking Party A to sign off.
 
Party A says:  I do not want my Parcel A to be part of the development; I do not want it to be subject to the CCR’s and it has been over 10 years since I had the Agreement with Developer One.
 
Are Developer Two’s claims that Party A has duties under the 2006 Sale Agreement time barred?
 
Thanks,
 
Ron
 
 
I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY
 
Ronald G. Housh, P.S.
Attorney at Law
 
Seattle Office:
1420 Fifth Avenue, Suite 3000
Seattle, WA 98101-2393
Phone:   206-381-1341
Fax:        206-464-0461
Email:    ron at housh.org
 
Mount Vernon Office:
21411 Bluejay Place
Mount Vernon, WA 98274
Phone:  206-235-2459
Email:   ron at housh.org
 
 
 
 
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