HALLAUER v. SPECTRUM PROPERTIES, INC.

No. 68554-1.

18 P.3d 540 (2001)

143 Wash.2d 126

Wilbur G. HALLAUER and Josephine Hallauer, husband and wife; and Champerty Shores Owners Association, a Washington nonprofit corporation, Petitioners, v. SPECTRUM PROPERTIES, INC., a corporation, Defendant, Ernesto C. Del Rosario and Madeliene B. Del Rosario, husband and wife, Respondents.

Supreme Court of Washington, En Banc.

Decided February 22, 2001.


Attorney(s) appearing for the Case

Mansfield, Reinbold & Gardner, Owen M. Gardner, Okanogan, WA, Perkins, Cole, Charles W. Lean, Charles B. Roe, Olympia, WA, for petitioners.

Maxey Law Offices, Bevan Jerome Maxey, Spokane, WA, Diane Marie Walker, Spokane, WA, for respondents.


MADSEN, J.

Wilbur G. and Josephine Hallauer, who hold a certificated water right to water from a spring on neighboring land, seek to condemn a way across that land for transporting water to their property for domestic use, and to ponds for fish propagation. The Court of Appeals held that because the Hallauers' property is not landlocked and alternative sources of water are available, the Hallauers failed to prove a reasonable necessity for condemnation. We reverse...

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