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COLWELL v. ETZELL

No. 21733-7-III.

81 P.3d 895 (2003)

119 Wash.App. 432

William COLWELL and Lurena Colwell, husband and wife, and the marital community comprised thereof, Respondents, v. David ETZELL and Jane Doe Etzell, husband and wife, and the marital community comprised thereof, Appellants.

Court of Appeals of Washington, Division 3, Panel Six.

December 23, 2003.

Attorney(s) appearing for the Case

Paul J. Wasson, Attorney at Law, Spokane, WA, for Appellants.

Aaron L. Lowe, Aaron L. Lowe & Associates PS, Spokane, WA, for Respondents.

SCHULTHEIS, J.

A partial summary judgment was granted to William and Lurena Colwell quieting title to an easement through David Etzell's property. Mr. Etzell appeals the subsequent award of attorney fees and costs. He challenges the trial court's finding that he violated RCW 4.24.6301 by intentionally interfering with the Colwells' easement. Because we find that Mr. Etzell did not violate RCW 4.24.630, we reverse the award of attorney...

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