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NICKELL v. SOUTHVIEW HOMEOWNERS ASS'N

No. 41128-8-II.

271 P.3d 973 (2012)

167 Wn. App. 42

Robert NICKELL and Karen Nickell, husband and wife, Appellant, v. SOUTHVIEW HOMEOWNERS ASSOCIATION, a Washington nonprofit Corporation, Respondents.

Court of Appeals of Washington, Division 2.

Publication Ordered March 13, 2012.

Attorney(s) appearing for the Case

George Scott Kelley , Attorney at Law, Tacoma, WA, for Appellant.

Annette T. Fitzsimmons , Attorney at Law, University Place, WA, for Respondents.

HUNT, P.J.

Robert and Karen Nickell appeal the superior court's grant of summary judgment to the Southview Homeowners Association and its ruling that the Nickells' silence induced reliance by others and estopped the Nickells' adverse possession of an 18-foot-wide strip of land between their property and Southview's property. The Nickells argue that (1) by June 1995, they had acquired full title to the disputed strip by adverse possession; (2) the prescriptive easement...

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