Summit Everett, a rock climbing gym, in Everett, Washington on Wednesday, Nov. 15, 2023. Summit will move into the former Grand Avenue Marketplace space, a retail location that has been vacant for five years. (Annie Barker / The Herald)

Summit Everett, a rock climbing gym, in Everett, Washington on Wednesday, Nov. 15, 2023. Summit will move into the former Grand Avenue Marketplace space, a retail location that has been vacant for five years. (Annie Barker / The Herald)

‘At best misleading’: Summit Everett wins legal battle with landlord

Judge Anita Farris struck down a landlord’s injunction that barred the climbing gym from entering a building they’re trying to move out of.

EVERETT — The operators of Summit Everett have regained access to the Rucker Avenue climbing gym after a Snohomish County Superior Court judge struck down a restraining order filed by their landlord.

The landlord, Diceman Capital Hill, filed the lawsuit Dec. 8, claiming Summit Everett damaged the building and removed climbing equipment and fixtures belonging to Diceman under the terms of the lease.

Summit Everett has operated the gym at 2820 Rucker Ave. since 2016. The gym denied the allegations, through attorney Nathan Paine of Seattle’s Karr Tuttle Campbell. Summit owns the climbing equipment and other gear, Paine said.

“We have the purchase and sale agreement,” Paine has said. “All they were taking was what they own.”

The climbing gym closed Nov. 30. Summit plans to relocate next year to a retail space at 2900 Grand Ave., the former home of Farms & Market artisan grocery store.

Before Summit could pack up equipment, Diceman sought a temporary restraining order, preventing Summit from entering the building.

Summit’s lease expires Dec. 31.

“Our motion to dismiss the complaint and vacate the temporary restraining order were granted,” Paine wrote in an email.

Summit’s motion to vacate the temporary restraining order, “obtained by (an) unlicensed attorney with no notice to defendants,” was granted by Judge Anita Farris.

Paine had pointed out that Diceman’s attorney, Ben Tramposh, was not licensed to practice law in the state of Washington.

“The court expressly found Mr. Tramposh was practicing law in Washington without a license,” Paine said in an email.

The court also found that the initial facts presented by the landlord were “at best misleading.”

On Friday, the judge ordered Diceman to restore Summit’s “complete and unfettered” access to the premises, including keys to the locks and building access codes.

Diceman plans to refile its complaint, said Tramposh, who submitted the original complaint without providing a Washington license number.

“We still believe the underlying claims of factual issues will be resolved in our favor, but we have to refile with local associated council after their lease ends, Tramposh said. “After the lease term ends, we will survey damages, and refile for actual damages.”

Janice Podsada: 425-339-3097; jpodsada@heraldnet.com; Twitter: @JanicePods.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

People line up to grab food at the Everett Recovery Cafe on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Coffee, meals and compassion are free at the Everett Recovery Cafe

The free, membership-based day center offers free coffee and meals and more importantly, camaraderie and recovery support.

Washington Gov. Jay Inslee proposed his final state budget on Tuesday. It calls for a new wealth tax, an increase in business taxes, along with some programs and a closure of a women’s prison. The plan will be a starting point for state lawmakers in the 2025 legislative session. (Jerry Cornfield / Washington State Standard)
Inslee proposes taxing the wealthy and businesses to close budget gap

His final spending plan calls for raising about $13 billion over four years from additional taxes. Republicans decry the approach.

Devani Padron, left, Daisy Ramos perform during dance class at Mari's Place Monday afternoon in Everett on July 13, 2016. (Kevin Clark / The Herald)
Mari’s Place helps children build confidence and design a better future

The Everett-based nonprofit offers free and low-cost classes in art, music, theater and dance for children ages 5 to 14.

The Everett Wastewater Treatment Plant along the Snohomish River on Thursday, June 16, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Everett water, sewer rates could jump 43% by 2028

The rate hikes would pay for improvements to the city’s sewer infrastructure.

Everett
Police believe Ebey Island murder suspect fled to Arizona

In April, prosecutors allege, Lucas Cartwright hit Clayton Perry with his car, killing him on the island near Everett.

The bond funded new track and field at Northshore Middle School on Thursday, Oct. 24, 2024 in Bothell, Washington. (Courtesy of Northshore School District)
Northshore School District bond improvements underway

The $425 million bond is funding new track and field complexes, playgrounds and phase one of two school replacements.

Nory Hang, right, watches cars pass by while picketing with fellow Boeing workers on strike along Airport Road on Monday, Sept. 16, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County unemployment rates fell in November

The sudden decline from 4.5% to 4% was likely aided by Boeing Machinists returning to work.

Everett
Charges: Everett park stabbing was gang related

Prosecutors allege two 17-year-old suspects tied a boy, 14, to a tree in Lions Park after stabbing him repeatedly last week.

The Nosov family rides their bikes through a large puddle that formed next to the large piles of fill dirt at the Port of Everett on Monday, Dec. 9, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Port of Everett plans for sea level rise in new development

And electrification projects aim to decrease the port’s fossil fuel emissions.

Sen. Patty Murray meets and greets following a discussion at Everett Fire Department’s Station 1 about the city’s opioid crisis Thursday, Feb. 22, 2024, in Everett, Washington. (Ryan Berry / The Herald)
Fill out FAFSA, WA senator says. You may get more aid than you think.

After a rocky launch last year, a simplified federal aid application went live Dec. 1.

The Sylverster family, consisting of Mike, Taylor, Makena, 6, and Dennis the retriever, take a stroll through the park and take in all the Wintertide lights Thursday, Dec. 1, 2022, at Legion Park in Everett, Washington. (Ryan Berry / The Herald)
Keep dreaming: White Christmas unlikely in Snohomish County

Most of the county was forecast to see rain and temperatures in the high 40s and low 50s.

Side Out Pickleball Centers co-owner Frank Espinoza inside the newly opened facility in south Everett on Wednesday, Dec. 18, 2024. (Olivia Vanni / The Herald)
‘Demand is really high’ at new south Everett indoor pickleball courts

The sport, invented on Bainbridge Island, is one of the fastest growing in the country.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.