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

The City of Seattle (defendant) permitted construction of condominiums on ground with known safety concerns, requiring the developer to sign a covenant immunizing the City from liability for soil erosion. After the units were built and sold, the soil eroded and the condos became uninhabitable. The owners (plaintiffs) sued the City, claiming it wrongly issued the permits and negligently maintained the storm drains, and challenged the enforceability of the covenant. The trial court granted the City summary judgment; the court of appeals reinstated the negligence claims, and the City obtained review.

Whether a covenant not to sue for damage to land satisfies the requirement that a real covenant touch and concern the land.