CRISP v. VANLAECKEN

No. 31567-0-II.

122 P.3d 926 (2005)

Jerre CRISP and Sharon Crisp, husband and wife, Appellants, v. Ronald A. VANLAECKEN and Peggy A. VanLaeken, husband and wife, Respondents.

Court of Appeals of Washington, Division 2.

November 15, 2005.


Attorney(s) appearing for the Case

Le Anne Marie Bremer, Steven Erik Turner, Miller Nash LLP, Vancouver, WA, Heather K. Cavanaugh, Miller Nash LLP, Portland, OR, for Appellant.

Peter Kerry Jackson, Jackson Jackson & Kurtz Inc., Battle Ground, WA, for Respondent.


HOUGHTON, J.

¶ 1 Jerre and Sharon Crisp appeal from a trial court summary judgment order. They argue that the trial court erred in refusing to relocate an easement without the easement holders' consent. We decline to adopt a rule proposed in Restatement (Third) of Property (Servitudes) § 4.8(3) (2000) that, under certain circumstances, would allow a servient estate owner to relocate the easement without the dominant estate owner's consent and, accordingly...

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