RADOVICH v. NUZHAT

No. 45244-4-I.

16 P.3d 687 (2001)

John C. RADOVICH, and Carol D. Radovich, husband and wife, Respondents, v. Samad NUZHAT and Jane Doe Nuzhat; and Yasmin Divan and Jane Doe Divan, Appellants. Eijaz Samad and Nuzhat Samad, husband and wife, and WBW, L.L.C., a Washington Limited Liability Company, Appellants, v. Properties Four, Inc., a Washington corporation; Collins, L.L.C., a Washington Limited Liability Company; Washington First International Bank; Frontier Bank; Centrum Financial Services, Inc., a Washington corporation; Mannington Carpets, Inc., a Washington corporation; G.W. Construction Group, Inc., a Washington corporation; Washington corporation; Washington Architectural Hardware Company, Inc., a Washington corporation; Resource Center for the Handicapped, a Washington non-profit corporation; Microserv, Inc., a Washington corporation; and Frontline Staffing Services, Inc., an Oregon corporation, Respondents.

Court of Appeals of Washington, Division 1.

Reconsideration Denied March 5, 2001.

As Amended March 7, 2001.


Attorney(s) appearing for the Case

Blair Burroughs, Seattle, for Appellants.

Thomas Peterson, Betts, Patterson & Mines, Stephen Sirianni, Sirianni & Youtz, Seattle, for Respondents.


BAKER, J.

Owners of the servient estate of a disputed parking easement appeal from two orders on summary judgment quieting title to the easement in the respondents as owners of the dominant estates. Appellants contend the easement was extinguished under the doctrine of merger when the dominant and servient estates came into common ownership, and was not recreated by any subsequent conveyance. We affirm, holding that the disputed parking easement was expressly recreated...

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