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GOLD CREEK NORTH LTD. PARTNERSHIP v. GOLD CREEK UMBRELLA ASS'N

No. 35301-6-II.

177 P.3d 201 (2008)

GOLD CREEK NORTH LIMITED PARTNERSHIP; Paul E. Miller, an individual; and Deidra J. Miller, an individual, Respondents, v. GOLD CREEK UMBRELLA ASSOCIATION, a Washington nonprofit" corporation, Appellant.

Court of Appeals of Washington, Division 2.

February 20, 2008.

Attorney(s) appearing for the Case

Robert G. Casey, Attorney at Law, Tacoma, WA, for Appellant.

Blake Edward Marks-Dias, Daniel Joseph Gunter, Courtney L. Seim, Riddell Williams PS, Seattle, WA, for Respondents.

ARMSTRONG, J.

¶ 1 The Millers1 sued the Gold Creek Umbrella Association (Association) to establish an express easement for ingress and egress across Association property to the Millers' adjoining property to the north. When the Millers rested, the Association moved to dismiss under CR 41(b)(3) (failure to prove a claim). The trial court ruled that the Millers were entitled to an express easement across the Association's property....

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