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Commercial lawsuits.

The following lawsuits involving local businesses have been filed in Chelan County Superior Court. Plaintiff is listed first. Readers are cautioned that claims in these actions have not been proven; they are alleged to be causes for actions and their truth will be determined at trial.

Bruce Barnett v, Jeffrey Van Eyk and Sandra J. Van Eyk

Jeffery and Sandra Van Eyk borrowed $25,000 from Bruce Barnett on June 30, 2007, for business purposes associated with Dryden Square, a real estate development.

In a commercial lawsuit filed Oct. 22, Barnett claims the Van Eyks, who agreed to pay $1,000 a month, made only sporadic payments. He is seeking to be repaid. The Van Eyks owed a total of $32,500 (that's the $25,000 plus $7,500 interest). By Barnett's calculations: he is owed $26,765 plus interest since March 2010.

Barnett is represented by attorney Robert Carl Alexander of Everett. A notice of appearance had not been filed by the defendants.

Paul McNally, Eric Oswald, Grant Ross, Joel Potthoff, Jody Potthoff, Claude E. Richardson and Ann Richardson v. Christopher S. Stockholm

Paul McNally, Eric Oswald, Grant Ross, Joel Potthoff, Jody Potthoff, Claude E. Richardson and Ann Richardson, who all own property in the 45-parcel subdivision of Little Butte Ranch on the south shore of Lake Chelan, filed a commercial lawsuit against another Little Butte Ranch homeowner, Christopher S. Stockholm on Oct. 22.

The problem, they say, is Stockholm is renting his home out for short-term rentals, which violates the protective covenants that were established Nov. 5, 1981, and in place when Stockholm purchased his property on Feb. 25, 2004.

The neighbors claim Stockholm advertises the property for nightly or weekly rentals, suitable for 12 to 14 people with plenty of parking. On the July 4 holiday, the home had 12 to 14 vehicles parked there. On non-holiday weekends, it's not uncommon for seven vehicles to be parked. In addition to the vehicles, the short-term renters are loud, the neighbors claim.

The neighbors, represented by Chelan attorney Jeffrey T. Fehr, are asking for an injunction to stop Stockholm from renting the property on a short-term basis and are asking for damages to be proven at the time of trial as well as costs, attorney fees and any other relieve the court deems just and equitable.

A notice of appearance by the defendant had not been filed.

Tara Kalian and Brandon Agostinelli v. Albert L. Marcear, Sue A. Marcear, Larry Day, Anita Day and CBLCP LLC

Tara Kalian and Brandon Agostinelli signed the agreement to purchase the house at 101 Highway 150 in Chelan for $370,000 from Albert and Sue Marcear on Aug. 8, 2012.The deal was closed and statutory warranty deed conveyed on Nov. 7.The house had been listed for the Marcears by Larry and Anita Day, real estate brokers with CBLCP LLC.

Kalian and Agostinelli were surprised when they received an invitation from the Washington State Department of Transporation to an open house to discuss plans for a new road that would, according to the preliminary plans presented at the meeting, go through their kitchen.

The plans had been discussed since 2006 and in a lawsuit filed Nov. 6 against the Marcears and the real estate brokers representing them, Kalian and Agostinelli say those plans were not disclosed as required by law by the Marcears. They claim a previous sale of the property had not closed because of the proposed road, so the Days also knew of the plan, but did not disclose.

Represented by attorney John F. Sherwood Jr. of Peterson Russell Kelly PLLC of Bellevue, Kalian and Agostinelli are claiming fraud, fraudulent inducement, fraudulent concealment, negligent/intentional misrepresentation, deceptive practice and vicarious liability. They are asking for damages, to be determined at trial, as well as all costs and attorney fees. They also are seeking to keep the real estate representatives from further engaging in unfair and deceptive acts, for an equitable remedy to rescind the purchase agreement, and further relief the court "deems equitable and just."

A notice of appearance was filed Nov. 15 on behalf of the Marcears by J. Patrick Aylward of Jeffers Danielson Sonn and Aylward in Wenatchee and on Nov. 18 on behalf of Larry and Anita Day and CBLCP LLC by Mark Scheer and Rachel Stoker of Scheer & Zehnder LLP of Seattle.
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Title Annotation:Fresh Business; Bruce Barnett v, Jeffrey Van Eyk and Sandra J. Van Eyk; Paul McNally, Eric Oswald, Grant Ross, Joel Potthoff, Jody Potthoff, Claude E. Richardson and Ann Richardson v. Christopher S. Stockholm; Tara Kalian and Brandon Agostinelli v. Albert L. Marcear, Sue A. Marcear, Larry Day, Anita Day and CBLCP LLC
Publication:Wenatchee Business Journal
Geographic Code:1U9WA
Date:Dec 1, 2013
Words:726
Previous Article:Judgments.
Next Article:Bankruptcy filings.
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