Stuart v. Lake Washington Realty Corp.

Being clearly of the opinion that an implied flowage easement was created in the circumstances of the conveyance of the 2.9 acres from Stuart Lakes, Inc. to Doctor Henderson, later acquired by plaintiff, and that plain*656tiff, the present owner of the 2.9 acres, is estopped to deny the existence of such an easement, I am forced to this dissent.

Doctor Henderson was one of the promoters and “associates” and was “active in the affairs of Stuart Lakes, Inc.” At the time of the conveyance to Doctor Henderson, in fact long before, he had full knowledge of the proposed plan to raise the level of the…