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NOBLE v. SAFE HARBOR FAMILY PRESERVATION TRUST

No. 35227-3-II.

169 P.3d 45 (2007)

Fred NOBLE and Faith Noble, husband and wife, Respondents, v. SAFE HARBOR FAMILY PRESERVATION TRUST, a Washington trust, Appellant and Tillicum Beach, Inc., Respondent.

Court of Appeals of Washington, Division 2.

October 9, 2007.

Attorney(s) appearing for the Case

Michael Wayne Johns, Davis Roberts & Johns PLLC, Gig Harbor, WA, for Appellant.

Robert Lyndon Beale, McGavick Graves PS, Tacoma, WA, Robert Dryden Wilson-Hoss, Attorney at Law, Shelton, WA, for Respondent.

ARMSTRONG, J.

¶ 1 Fred and Faith Noble petitioned to condemn a private way of necessity across Safe Harbor Preservation Trust property based on our holding in Safe Harbor Family Pres. Trust v. Noble, No. 29134-7-II, 120 Wn.App. 1060, 2004 WL 569290, 2004 Wash.App. LEXIS 502 (March 23, 2004) (Safe Harbor I). In answer, Safe Harbor (Paul and Agnes Stokes) alleged that a feasible alternative route existed over the Nobles' adjoining landowners, Tillicum...

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