[U] In Re Arbitration Agreement Between Liberty Lake Sewer District No. 1

Delbert and Betty McHenry, husband and wife, and Donald McHenry, former shareholders and trustees of the assets of the Liberty Lake Utilities Co., Inc. (Corporation),  appealed a declaratory judgment holding the Corporation had breached its agreement to tender to the Liberty Lake Sewer District (District) marketable title to its assets. We remanded to the trial court for a hearing and the entry of findings of fact and conclusions of law on the issue of the ownership of certain water mains covered by the sale agreement. In re Arbitration Agreement Between Liberty Lake Sewer Dist. 1 and Liberty Lake Utilities Co., 35 Wash. App. 1015 (unpublished opinion filed June 28, 1983). This court retained jurisdiction of the appeal to review the Superior Court's actions and any undecided issues. After reviewing the record on remand and the findings and conclusions of the Superior Court, we hold the McHenrys have marketable title to the assets in question and have not breached the sale agreement. Accordingly,