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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Western Plaza, LLC v. Tison, 184 Wash. 2d 702 (2015)

Citation
Western Plaza, LLC v. Tison, 184 Wash. 2d 702 (2015)
Parent Document
Western Plaza, LLC v. Tison, 184 Wash. 2d 702 (2015)
Jurisdiction
Washington (state)
Effective Date
2015-11-25

Other Sections in This Document (78)

Full Text

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¶36 We have the duty to harmonize statutes that relate to the same subject wherever possible. Beach v. Bd. of Adjustment of Snohomish County, 73 Wn.2d 343, 346, 438 P.2d 617 (1968). The MHLTA and the statute of frauds plainly apply to the same subject—leasehold encumbrances on real property. There is no provision in the MHLTA that explicitly replaces or preempts the general tenancy statute of frauds. The statute of frauds therefore applies unless it irreconcilably conflicts with the specific provisions of the MHLTA. See Ass’n of Wash. Spirits & Wine Distribs. v. Wash. State Liquor Control Bd., 182 Wn.2d 342, 356, 340 P.3d 849 (2015); Hallauer v. Spectrum Props., Inc., 143 Wn.2d 126, 147, 18 P.3d 540 (2001) (where two statutes address related subjects, the more specific statute prevails only “insofar as the statutes conflict”)- It does not. While the MHLTA certainly has provisions modifying some rules applicable to leases generally, these provisions are perfectly consistent with RCW 59.04.010.