BROWN v. McANALLY

No. 48031-1.

97 Wn.2d 360 (1982)

644 P.2d 1153

DONALD M. BROWN, ET AL, Respondents, v. DAN McANALLY, ET AL, Appellants, YAKIMA COUNTY, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

May 13, 1982.


Attorney(s) appearing for the Case

Velikanje, Moore & Shore, Inc., P.S., by John S. Moore, for appellants.

Ronald F. Whitaker (of Walters, Whitaker, Finney & Falk), for respondents Brown.

Louis Daniel Fessler, for respondent Yakima County.


STAFFORD, J.

The trial court granted respondents, Donald and Colista Brown, a 50-foot private way of necessity over appellants' land and ruled that such easement and accompanying rights could thereafter be conveyed to the County for use as a public county road. We reverse the trial court and remand the cause for new trial.

Respondents own 28.9 acres of land in Yakima County which they desire to have platted into 44 residential lots. At present, however, the...

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