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RUVALCABA v. KWANG HO BAEK

No. 63572-7-I.

247 P.3d 1 (2011)

Rogelio H.A. RUVALCABA and Elaine H. Ruvalcaba, husband and wife, Appellants, v. KWANG HO BAEK and Lyung Sook Baek, husband and wife, and Arne S. Ijpma and Siew Loon, husband and wife, and John A. Dyer and Pauline T. Dyer, husband and wife, and Steven J. Day and Catherine L. Day, husband and wife, and Livingston Enterprises, LLC, an Alabama limited liability company, and Karen M. Omodt, a single woman, and Matthew Golden and Jane Borkowski, husband and wife, and Carl E. Johnson and Phyllis Johnson, husband and wife, and William V. Kitchin and Cheryl L. Kitchin, husband and wife, Respondents, Karen Klepper, a single woman, Defendant.

Court of Appeals of Washington, Division 1.

January 31, 2011.

Attorney(s) appearing for the Case

Pierre E. Acebedo , Acebedo & Johnson, LLC, Puyallup, WA, for Appellants.

Timothy J. Graham , Hanson Baker Ludlow , Bellevue, WA, Jackson Schmidt , Attorney at Law, Seattle, WA, for Respondents.

LEACH, A.C.J.

¶ 1 This case presents an issue of first impression in Washington, whether a landowner may condemn a private way of necessity after voluntarily landlocking his property. Rogelio and Elaine Ruvalcaba appeal a trial court's decision that they may not condemn a private way of necessity under RCW 8.24.010 because they previously landlocked their land by severing and selling that part of their property with public road access without reserving access...

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