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LITTLEFAIR v. SCHULZE

No. 41448-1-II.

278 P.3d 218 (2012)

Peter LITTLEFAIR, Appellant, v. David SCHULZE and Jane Doe Schulze, husband and wife, Respondents.

Court of Appeals of Washington, Division 2.

June 5, 2012.

Attorney(s) appearing for the Case

George A. Kolin , Attorney at Law, Washougal, WA, for Appellant.

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

ARMSTRONG, J.

¶ 1 Peter Littlefair and David Schulze own property in Foster's Addition, which they access by a 40-foot-wide easement road. The actual road varies in width, but is generally a one-lane roadway. In 2007, Schulze constructed a fence on his property, which lies within the 40-foot wide reserved area. Littlefair sued Schulze, essentially asking the court to order Schulze to remove the fence. The trial court denied Littlefair relief, finding that Schulze...

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