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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We take a different approach, and hold that Rule 4.1 is inapplicable to, and therefore unenforceable in, the situation involved here.18 Rule 4.1 obviously anticipates that some households may possess and need parking for more than two cars on a regular basis. But this case presents a unique situation in which a tenant is conducting a car repair business at his family’s mobile home space. Under these circumstances, predicting when or how long the cars will be parked at or near the space is difficult, if not impossible. While it is understandable that Hwang would view this activity as extremely undesirable, Rule 4.1 did not provide a proper basis on which to charge Elwell for the numerous cars parked outside her house, and the trial court should not include extra vehicle fees in its damage determination.19

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