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McPHADEN v. SCOTT

No. 23289-8-II.

975 P.2d 1033 (1999)

David A. McPHADEN and Lynne E. McPhaden, Respondents, v. Russell D. SCOTT, Appellant.

Court of Appeals of Washington, Division 2.

Publication Ordered May 7, 1999.

Attorney(s) appearing for the Case

Don Peter William Taylor, Fristoe, Taylor & Schultz, Olympia, for Appellant.

James K. Sells, McCluskey, Sells et al., Silverdale, for Respondents.

ARMSTRONG, J.

Russell Scott owns land adjoining that of David and Lynne McPhaden in Haven Lake in rural Mason County. When Scott claimed the right to access his lots by an easement across the McPhadens' property, the McPhadens sued to quiet title. Scott counterclaimed to establish an easement by grant, implication, or prescription. The trial court granted summary judgment on the issue of easement by grant, but it allowed...

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