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COGDELL v. 1999 O'RAVEZ FAMILY, LLC

No. 27133-1-III.

220 P.3d 1259 (2009)

153 Wash.App. 384

Ronald J. COGDELL and Catherine L. Cogdell, husband and wife, Respondents, v. 1999 O'RAVEZ FAMILY, LLC, a Washington limited liability company, Appellant.

Court of Appeals of Washington, Division 3, Panel Ten.

December 3, 2009.

Attorney(s) appearing for the Case

Joseph Paul Delay, Delay Curran Thompson Pontarolo & Walker, Spokane, WA, Michael S. Deleo, Eisenhower & Carlson PLLC, Tacoma, WA, for Appellant.

J. Gregory Lockwood, J. Gregory Lockwood PLLC, Spokane, WA, for Respondent(s).

PUBLISHED OPINION

BROWN, J.

¶ 1 Today, we hold the trial court abused its discretion by failing to do substantial justice when ordering an easement as an equitable remedy after finding respondents, Ronald J. Cogdell and Catherine L. Cogdell, encroached on land owned by appellant, the 1999 O'Ravez Family, LLC (O'Ravez). The easement permits the Cogdells' considerable encroachments to remain on the O'Ravez property without offsetting relief for O'Ravez...

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