Legal Opinion

Mjd Properties, Llc, Resp. v. Jeffrey Haley, App.

Court of Appeals of Washington

Decided September 8, 2015No. 71691-3-IPublishedCited by 8 opinions

1Opinion of the Court

¶1

Leach, J.

Jeffrey Haley appeals the trial court’s summary dismissal of his nuisance and spite structure claims against his neighbor, MJD Properties LLC, as well as the court’s denial of his fee request. Because Haley demonstrated a genuine issue of material fact about the reasonableness of MJD’s driveway light installed in compliance with the Mercer Island City Code, we reverse the dismissal of his nuisance claim. And because a large planted tree, in some circumstances, may be a spite structure prohibited by RCW 7.40.030, we reverse the dismissal of Haley’s statutory claim. But the trial…

2Cases cited32 opinions

  1. Department of Ecology v. Campbell & Gwinn, L.L.C.Washington Supreme Court · 2002
  2. State, Dept. of Ecology v. Campbell & GwinnWashington Supreme Court · 2002
  3. State v. KirkmanWashington Supreme Court · 2007
  4. State v. KirkmanWashington Supreme Court · 2007
  5. Bradley v. American Smelting and Refining Co.Washington Supreme Court · 1985

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3Cited by8 opinions

  1. Theresa & Kent Boyle, V John & Brenda LeechCourt of Appeals of Washington · 2019
  2. William Blackwell v. William LucasCourt of Appeals of Mississippi · 2018
  3. Maeve Connolly v. Bonnie PiestCourt of Appeals of Washington · 2020
  4. Mark Mcdonald, V. Michael Stern & Emma SternCourt of Appeals of Washington · 2023
  5. Mark Mcdonald, V. Michael Stern & Emma SternCourt of Appeals of Washington · 2023

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