English v Charcoal Creek. Aron English sued developer Charcoal Creek LLC on several grounds including breach of his residential purchase and sale agreement for trees removed from his property. Charcoal Creek counterclaimed for waste based on English’s removal of landscaping on a neighboring property. English prevailed solely on the breach of contract claim and recovered replacement value of the trees. Charcoal Creek prevailed on the waste claim and received treble damages. English requested attorneys’ fees under the terms of the contract; Charcoal Creek made its request based on the controlling statute for its waste claim. The trial court denied fees to both parties, claiming they each prevailed on major issues and, therefore, neither was the prevailing party entitled to attorneys’ fees. English appeals. COA #851071. King County Superior Court #21-2-13890-6 SEA.
