Legal Opinion

Lowe v. Double L Properties, Inc.

Court of Appeals of Washington

Decided April 3, 2001No. 17583-9-IIIPublishedCited by 10 opinions

1Opinion of the CourtBrown, J.

Double L Properties, Inc., the servient estate holder, erected gates across Aaron L. and Denise S. Lowe’s ingress and egress easement acquired by default judgment. *891Mr. Lowe sought injunctive relief. The trial court permitted the gates, restricted maintenance, and imposed speed limits. The Lowes appeal. We clarify the difference between intended and imposed easements. We decide the trial court did not err when ruling that the servient estate holder could increase its use of gates over the easement to control livestock. On the other hand, the trial court abused its discretion when ordering the…

2Cases cited13 opinions

  1. Hilltop Terrace Homeowner's Ass'n v. Island CountyWashington Supreme Court · 1995
  2. Bowman v. WebsterWashington Supreme Court · 1953
  3. City of Seattle v. NazarenusWashington Supreme Court · 1962
  4. Evich v. KovacevichWashington Supreme Court · 1949
  5. Federal Way Family Physicians, Inc. v. Tacoma Stands Up for LifeWashington Supreme Court · 1986

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3Cited by10 opinions

  1. Carlton v. BlackWashington Supreme Court · 2004
  2. In Re Estate of BlackWashington Supreme Court · 2004
  3. Carlton v. BlackCourt of Appeals of Washington · 2003
  4. In Re Estate of BlackCourt of Appeals of Washington · 2003
  5. Sunnyside Valley Irrigation District v. DickieCourt of Appeals of Washington · 2002

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