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PROCTOR v. HUNTINGTON

No. 82326-0.

238 P.3d 1117 (2010)

Noel PROCTOR, Petitioner, v. Robert "Ford" HUNTINGTON and Christina Huntington, husband and wife, and the marital community therein, Respondents.

Supreme Court of Washington, En Banc.

Decided August 19, 2010.

Attorney(s) appearing for the Case

Emmelyn Hart-Biberfeld , Philip Albert Talmadge , Talmadge/Fitzpatrick , Tukwila, WA, Katharine W. Mathews , Attorney at Law, Vancouver, WA, for Petitioner.

Bradley W. Andersen , Phillip Justin Haberthur , Schwabe Williamson & Wyatt, Vancouver, WA, for Respondents.

STEPHENS, J.

¶ 1 Robert and Christina Huntington unwittingly built their house, well, and garage entirely on a portion of land owned by their neighbor, Noel Proctor. Proctor did not realize that the Huntingtons were encroaching at the time, but, when he learned of the true boundary line between the properties, he sued to eject them. The trial court refused to issue an injunction forcing the Huntingtons to remove their home, instead requiring Proctor to deed them...

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