[WSBARP] Statute of Limitations Question

[Ron Housh]

Thanks

 

I have to check – I am not sure there was even a preliminary plat but if there was I am fairly sure it would have expired long ago.

 

Perhaps that fits into my failed precondition argument [or as you suggest, a material breach].

 

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:     <mailto:ron at housh.org> ron at housh.org

 

Mount Vernon Office:

21411 Bluejay Place

Mount Vernon, WA 98274

Phone:  206-235-2459

Email:    <mailto:ron at housh.org> ron at housh.org

 


 

 

 

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Scott.glen.thomas
Sent: Friday, July 28, 2017 12:14 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Statute of Limitations Question

 

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:     <mailto:ron at housh.org> ron at housh.org

 

Mount Vernon Office:

21411 Bluejay Place

Mount Vernon, WA 98274

Phone:  206-235-2459

Email:    <mailto:ron at housh.org> ron at housh.org

 


 

 

 

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