Whidbey Examiner, December 11, 2014

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Examiner The Whidbey

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www.whidbeyexaminer.com

First-place winner, 2014 WNPA General Excellence

Thursday, December 11, 2014

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Museum to unveil Native American exhibit

VOL. 20, NO. 18

Homeowners sue over noise disclosure By Janis Reid Staff Reporter

Two Coupeville homeowners have sued two Whidbey Island real estate companies claiming they did not disclose the dangers of jet noise at the time of purchase. “You have a statute that’s intended to inform homebuyers,” said Steve Skalet, attorney for the plaintiffs Monday. “The disclosure wasn’t being furnished with the full information … it’s about getting all the material information to make an educated decision.” The lawsuit was filed against Windermere Real Estate and RE/MAX Acorn Properties. Filed Nov. 18 in Island County Superior Court, the lawsuit alleges that the real estate agents’ “deceptive acts or practices have occurred in their trade or businesses and were and are capable of deceiving a substantial portion of the public.” Only two plaintiffs are identified by name, but the class-action suit asks for injunctive relief for anyone who purchased real estate located in the county’s Airport Environs Mapped Impacted Areas on or after May 11, 1992. The plaintiffs named in the suit are Jonathan Deegan, who said in court documents he purchased his Coupeville home through RE/ MAX in 2006, and Alice O’Grady, who said she purchased her Coupeville home through Windermere in 2011. Neither could be reached for comment by press time. “I have not seen the complaint yet, so I cannot comment on the specifics of this case, but I am aware that some off-island and outof-state attorneys have been urging homeowners to sue Realtors, claiming they were not told about aircraft noise when they bought their homes,” said Eric Mitten, spokesman for Windermere in Oak Harbor and Coupeville, in an emailed statement Friday. “In our company, we make sure prospective buyers are aware of the airplane noise. We talk about the airplane noise. We also use standard written disclosure forms printed by the Northwest Multiple Listing Service, which provides us with the forms most Realtors use in residential real estate transactions in the state. “I’m astonished that anyone who has spent any time on Whidbey Island would say they were not aware of the noise,” Mitten said. Terri Neilon, owner of RE/MAX Acorn Properties, said she is afraid “the litigation could be divisive and help fuel efforts by those who want NAS Whidbey severely cut back or closed.”

See, Disclosure, page 6

Megan Hansen photos

Santa, AKA Paul Messner, waves along the parade route on Main Street Saturday. He is accompanied by Christi Messner.

Greening of coupeville Town rings in holidays; mayor almost melts By Megan Hansen Co-Editor

While most people were basking in the warm winter evening during the Greening of Coupeville Saturday, it caused a bit of an issue for one Greening regular. As Coupeville Mayor Nancy Conard made her way down the parade route on foot in her fluffy white snowman costume, she started to overheat. Conard said she made it to just in front of Whidbey General Hospital before she had to pull off the parade route because she thought she might pass out. Rather than drop out, Conard made a split-second decision, hopping in the back of the wagon her husband was pulling with a John Deere tractor. Frosty made it through the parade after all. Other entries from various businesses

and community organizations continued down the parade route, delighting the crowds with candy, performances and song. Santa, AKA Paul Messner, brought up the rear of the parade in his lighted sleigh. After the parade, carolers entertained the masses from the porch of Anchorage Inn, singing classics and variations of classics like a Coupeville version of “Let It Snow” changed to “Let It Blow.” As darkness descended, Cook’s Corner Park came alive with thousands of twinkling lights. After the customary “oohs” and “awws” crowds made their way down to Coupeville Wharf. The Oak Harbor Yacht Club sailed by as part of its Lighted Boat Parade. Boats cruised by as passengers waved, played music and interacted with the crowds on the wharf.

Overheated mayor Nancy Conard rides along the parade route in a Frosty costume. n For more photos from Greening of Coupeville, see page 6.


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