Kennedy v. McGuire, 38 Wash. App. 237 (1984)

Citation: Kennedy v. McGuire, 38 Wash. App. 237 (1984)
Parent Document: Kennedy v. McGuire, 38 Wash. App. 237 (1984)
Jurisdiction: Washington (state)
Effective Date: 1984-07-23
Original Source: https://www.courtlistener.com/opinion/6958580/kennedy-v-mcguire/ ↗

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This is a continuation of a matter which was before the Washington Supreme Court in Kennedy v. Seattle, 94 Wn.2d 376, 617 P.2d 713 (1980). In attempting to evict the prior owner of Allan's houseboat, the Kennedys had brought a declaratory judgment challenging the constitutionality of the Seattle floating homes ordinance, Seattle Municipal Code 7.20. The ordinance established procedures for setting moorage fees and for the eviction of houseboat owners from moorage sites. On October 2, 1980, the Supreme Court in Kennedy upheld the ordinance's rent control provisions, but held that certain of the eviction provisions unconstitutionally interfered with a moorage owner's right to use his own moorage site. On December 3, 1980, the Kennedys gave Allan 3 days' notice to vacate the moorage site. A complaint for unlawful detainer was filed on January 7, 1981 and the matter was tried in September 1981. At the close of the Kennedys' case, Allan moved to dismiss. The trial court granted the motion, and concluded: I.

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