In this matter, homeowners sued the City of Mountlake Terrace claiming the City had negligently installed and maintained a waterway adjacent to their property; homeowners lost after a week-long trial. Months later, the homeowners sued the City again seeking injunctive relief related to the very same waterway. The City warned homeowners that the claims were precluded by the earlier lawsuit (among other defenses) and warned the City would seek CR 11 sanctions against the homeowners and their attorney. The City then filed its motion to dismiss and the trial court dismissed the action, awarding attorneys fees and CR 11 sanctions to the City. The homeowners appealed and, solely on the briefing filed by the parties, Division I of the Court of Appeals affirmed the trial court’s decision. See the Court's decision here: 855379.pdf (wa.gov).
Recent Successes
May 01, 2024