Atherton Condominium Apartment-Owners Ass'n v. Blume Development Co., 115 Wash. 2d 506 (1990)

Citation: Atherton Condominium Apartment-Owners Ass'n v. Blume Development Co., 115 Wash. 2d 506 (1990)
Parent Document: Atherton Condominium Apartment-Owners Ass'n v. Blume Development Co., 115 Wash. 2d 506 (1990)
Jurisdiction: Washington (state)
Effective Date: 1990-11-01
Original Source: https://www.courtlistener.com/opinion/5106834/atherton-condominium-apartment-... ↗

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Owners also assign error to the trial court's summary judgment order dismissing their claim for fraudulent concealment. They contend that Blume's failure to disclose its departure from the plans approved by Lynnwood and its alleged violations of the UBC constitutes fraudulent concealment. The trial court, however, dismissed the fraudulent concealment claim on the basis that there was no evidence of intentional concealment. The Court of Appeals reversed the trial court and we agree. The trial court erroneously determined that intent, as opposed to knowledge, is an element of the cause of action. The appropriate inquiry is if Owners provided evidence of Blume's knowledge sufficient to create a question of fact.

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