Recent content by FredK

I am trying to appeal a a Judge's decision to dismiss our case that was based on the Judge's assumption that certain expected events would happen. The respondent presented a stipulated order of dismissal with prejudice stipulating the Judge's memo of decison which was signed by my attorney who...

What is the name of your state? WA I need to find caselaw examples where a party does not follow the terms of a stipulated order. Is the failure to follow the terms called fraud or something else?

What is the name of your state? WA Where do I find when a motion for dismissal can be submitted with prejudice and when a motion for dismissal can be submitted without prejudice? There must be some rules somewhere but I can't find them in the state code or court rules. Any idea on where to look?

I filed a complaint against the City for processing a development variance that prevented my ability to appeal the variance. The Judge dismissed the complaint with prejudice in a ruling that I would have the opportunity to challenge the variance at the Public Hearing for the project when the...

I need to fill out a motion for comptempt of court. We have a Superior Court order that is being ignored by a developer. Where can I find a motion template to fill out and file? What is the name of your state? WA

My neighbors and I live on a private road. If one of the neighbors is able to subdivide his lot into multiple lots and builds a new private road to connect these new lots to the primary private road, do the new lots automatically get express or implied permission to use the primary private...

:confused: Is it possible to create a short dead end road and call it a public road (dedicated to the city) when the only way you can get to the public road is by driving over a private road? Also, isn't there some sort of easement law that prevents a private road from being the connector...

What is the name of your state? WA Our neighborhood has CC&Rs in the form of deed restrictions. One of our neighbors sold his property to a buyer and the transaction resulted in the dropping of the CC&Rs on the new owners deed. Is that legal? We do not have an HOA.

What is the name of your state? WA Our neighbors are proposing we create a HOA to enforce the existing covenants and to create new covenants that prevent flaglot development. I cannot find anything in the state code that prevents the majority of the homeowners from creating a HOA to protect...

The city where we live has a municipal code that prevents two public streets from being connected via a private road. A private road must be a dead-end or a loop. The city’s transportation manager has approved a one-time variance to waive the code which will allow a developer to subdivide one...

We have a private road with a road maintenance agreement for the original five lots to equally share the cost of maintaining the road. A sixth lot began using the road and never got added to the maintenance agreement. The sixth lot then got subdivided into thirteen smaller lots with additional...

There is a proposal to build a new road (where one does not exist) across a single lot within my plat. The road will be a connector to connect two existing roads in two different plats. The new connector will affect the traffic flow in all lots within my plat as well as neighboring plats. The...

If subdivision X contains lots 1, 2, 3, and 4, and later lot 1 is redivided into five lots (1A, 1B, 1C, 1D, and 1E) has subdivision X been altered? My position is, unless there is a specific definition to limit or further define the word “altered”, then subdivision X has been altered since it...

I want to find out if there have been any court cases concerning a particular state code (e.g. Washington state code on "Boundaries and Plats"). I assume there is a database somewhere that can be used to research this. How do I go about finding the information? When code is written or...

What is the name of your state? WA I had a meeting today with our city attorney and we discussed the Washington state code that deals with changes to existing subdivisions. The code says that when a change is proposed to an existing subdivision, the application must contain the signatures of...