Moe v. Cagle

Dawson, J.†

Plaintiffs Edward J. Moe and wife, owners of a servient estate, sought to establish in this action that the posture of a garage located on a portion of the servient property constitutes a permissive, revocable use. Plaintiffs prevailed, and defendants Robert S. Cagle and wife, owners of the dominant estate, appeal.

The estates lie between Forest Avenue (also called 80th Avenue S.E.) and Lake Washington on Mercer Island. The elevation drops sharply from the avenue to the lake, and, in topography, forms an upper and lower level. Lying *936between these levels is a road and the site on…