SMITH v. BREEN

No. 3294-9-III.

26 Wn. App. 802 (1980)

614 P.2d 671

DORIS N. SMITH, Respondent, v. EUGENE F. BREEN, Appellant.

The Court of Appeals of Washington, Division Three.

July 15, 1980.


Attorney(s) appearing for the Case

Albert J. Golden and Golden & Knowlton, for appellant.

Jerry A. Votendahl and Roach, Votendahl & Monahan, for respondent.


ROE, J.

Doris Smith and Eugene Breen own adjoining land. A dirt road leading to the back of their properties runs astride their boundary line. The road has existed since at least the 1930's and had been used jointly and amicably by the parties and their predecessors until about 1966.

In that year, both parties asserted ownership to the entire road. Breen began intermittently to park his truck on the road, blocking Smith's passage. He always moved it upon her...

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