Duvall Highlands, L.L.C. v. Elwell, 104 Wash. App. 763 (2001)

Citation: Duvall Highlands, L.L.C. v. Elwell, 104 Wash. App. 763 (2001)
Parent Document: Duvall Highlands, L.L.C. v. Elwell, 104 Wash. App. 763 (2001)
Jurisdiction: Washington (state)
Effective Date: 2001-01-08
Original Source: https://www.courtlistener.com/opinion/4930926/duvall-highlands-llc-v-elwell/ ↗

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“[T]here is a failure of plaintiff’s proof. There is no testimony as to the number of vehicles that were registered. There is also no testimony that I heard which establishes that each day of the month there was an additional vehicle, and the Article 4, paragraph 4.1 says, There is a maximum of two vehicles per space, $25 per month for each additional vehicle. It seems to be a confusing situation where there is a revolving number of *771vehicles on site, but it would seem to me that when you read the rental articles, reasonably, there is a way of establishing a base number, and that’s by registration, and in this case there was no registration. And furthermore, I don’t believe that even construing the evidence against the tenant in this case, there is a basis for the Court to conclude that there was a vehicle—a particular number of registered vehicles in every space or in the spaces every day and I think it’s the plaintiff who has failed to establish the prima facia [sic] case, not the defendant.”

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