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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Duvall Highlands LLC v. Elwell, 19 P.3d 1051 (2001)

Citation
Duvall Highlands LLC v. Elwell, 19 P.3d 1051 (2001)
Parent Document
Duvall Highlands LLC v. Elwell, 19 P.3d 1051 (2001)
Jurisdiction
Washington (state)
Effective Date
2001-03-06

Other Sections in This Document (39)

Full Text

1,008 chars
"[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 vehicles 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."