1515-1519 Lakeview Blvd. Condo. Ass'n v. Apartment Sales Corp.

The City of Seattle (the defendant) permitted construction of condominiums. Due to safety concerns, the defendant required the developer to enter into a covenant that immunized the defendant from liability caused by soil erosion. After the condominiums were built and sold, the soil eroded, rendering the condos uninhabitable. The owners brought suit (the plaintiffs) against the defendant, alleging that they should not have issued the permits and that they negligently maintained the storm drains under the condos. Accordingly, the owners challenged the enforceability of the covenant immunizing the defendant from liability. The trial court entered summary judgment on behalf of the defendant on multiple grounds, which included the enforceability of the covenant and the assumption of risk. The appeals court affirmed on the building permit claims, but reinstated the negligence claims. Subsequently, the defendant successfully petitioned for review to the Supreme Court of Washington.