SHIELDS v. GARRISON

No. 22066-1-II.

957 P.2d 805 (1998)

Melita SHIELDS, a single person, Appellant, v. Paul H. GARRISON and Betty N. Garrison, husband and wife; and Lawrence R. Fulton and Nadine R. Fulton, husband and wife, Respondents.

Court of Appeals of Washington, Division 2.

June 12, 1998.


Attorney(s) appearing for the Case

John A. Rorem, Gig Harbor, for Appellant.

Matthew Laurence Sweeney, Tacoma, for Respondents.


BRIDGEWATER, Acting Chief Judge.

Melita Shields appeals the compensation awarded in her condemnation action for a way of private necessity, arguing that only nominal damages should have been awarded because the easement was over an existing roadway and there was no damage to the remaining property, and that attorney fees were not appropriate. We hold that a way of private necessity can be taken over an existing roadway, that the roadway is considered as an improvement...

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