ROBERTS v. SMITH

No. 7246-7-II.

41 Wn. App. 861 (1985)

707 P.2d 143

STEPHEN ROBERTS, ET AL, Appellants, v. BRUCE W. SMITH, ET AL, Respondents.

The Court of Appeals of Washington, Division Two.

October 4, 1985.


Attorney(s) appearing for the Case

Ernest Meyer, for appellants.

Clifford F. Cordes III and Swanson, Parr, Cordes, Younglove, Peeples & Wyckoff, P.S., for respondents.


PETRICH, J.

Stephen and Susan Roberts appeal the trial court's judgment denying them a private way of necessity over adjoining land for ingress and egress to their property. The issue on appeal is whether the burden of showing reasonable necessity to condemn a private way of necessity includes the burden of establishing the absence of an implied easement of access when the opposing landowners present some evidence that such an easement exists. We conclude the burden...

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