This dispute arises from the attempted compelled relocation of a floating home to another slip within the same moorage. 71, 994 P.2d 133 (2000) (“Declaratory judgment proceedings seeking the construction of a contract are legal in nature, and the factual determinations of the trier of fact are binding on appeal if there is evidence to support them.”). Class sold that property to one of the floating home members, who, in turn, sold the property to the association.
The moorage consists of floating ramps, walkways and 24 slips in general conformity with the layout attached hereto as Exhibit ‘A.’ ” (Emphasis added.) Article VI, section 1, of the bylaws stated that the “moorage contains 24 slips, designated 1 through 24, as shown on Exhibit ‘A.’ * * * Slips numbered 13 through 24 are 28 feet wide and 40 feet long.” (Emphasis added.) Exhibit “A” to the bylaws was a drawing of the moorage, which depicted the respective “location” of the slips.In particular, and as relevant to this dispute, the floating home moorage was trespassing beyond the east-end boundary of the submerged land lease by about 30 feet.The association's board of directors created a “brainstorming committee” to develop possible solutions to fix the boundary issues.On the same day, they entered into the above license agreement with the association to “exclusively occupy” slip number 14 (“slip 14”).Before purchasing the membership certificate, plaintiffs reviewed the association's bylaws and license agreement.That purchase would allow the association to move the floating home located in slip 15 into slip 19.
Slip 19 was another inside (i.e., landward) slip, three slips west of the ramp.
Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge. Spirra, California, argued the cause for appellant. As explained below, the association's only preserved assignment of error pertaining to the merits involves a declaratory ruling construing a contract. The membership certificates are numbered 1 through 24, corresponding to the floating home slip numbers in the moorage.
The association makes multiple assignments of error on appeal, and we affirm. The association's president and secretary sign each membership certificate.
The license granted herein may be revoked by the Association in accordance with the provisions set forth in its Bylaws and in any event the license shall be revoked upon the earliest of the following events: a.
Sale or transfer of Member's membership certificate; b.
That plan preserved the relative position of plaintiffs' slip, slip 14, and the east-end slip, slip 13, but “bumped” them the necessary distance west to remove the trespass-about 29 feet.