Adamson v. Port of Bellingham, No. 16-35314 (9th Cir. 2019)
Annotate this CaseThe Ninth Circuit affirmed the district court's judgment after the panel certified two questions to the Washington State Supreme Court. The state court held that a priority use provision, an affirmative obligation to maintain and repair, and the ability to lease the property to others together create sufficient control of the property such that a landowner who leases the property is held liable as a premises owner.
Court Description: Washington Law The panel affirmed the district court’s judgment after the panel certified two questions to the Washington State Supreme Court, which held that a priority usage agreement did not absolve a landlord as a possessor of property. Specifically, the Washington State Supreme Court held “that a priority use provision, an affirmative obligation to maintain and repair, and the ability to lease the property to others together create sufficient control of the property such that a landowner who leases the property is held liable as a premises owner.” Adamson v. Port of Bellingham, 438 P.3d 522, 525 (Wash. 2019).
This opinion or order relates to an opinion or order originally issued on August 14, 2018.
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