[WSBARP] Crazy ULD Commissioner

[Mark Anderson]

Did the HJP counsel or the commissioner say which Proclamation was not overridden?  It will obviously be important for the motion for revision to be very specific on this point.

Mark B. Anderson
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Tom Westbrook
Sent: Wednesday, September 22, 2021 5:37 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Crazy ULD Commissioner


Hello all,

So we gave notice to vacate on a for cause provision in the new law. The HJP attorney argued that the new law did not override the Proclamation and the Commissioner agreed. Our case was dismissed for no factual or legal basis in our complaint. Our client has a 4 plex where Thurston County has ordered our client to abandon the septic tank and hook up to sewer. 2 of the 4 tenants vacated upon our notice to vacate for cause under ESHB 1236(2)(m) due to a legitimate economic and business reason. Commissioner said Proclamation rules; not new law. We gave notice after the new law become effective.

We are filing a motion for revision. Anyone have some legal argument that new law by Legislature overrides the Proclamation as to the provisions outlined in the new law?

Sincerely,

Tom



Thomas J. Westbrook

Attorney at Law







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