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BUCK MOUNTAIN OWNERS' ASS'N v. PRESTWICH

No. 67714-4-I.

308 P.3d 644 (2013)

174 Wash.App. 702

BUCK MOUNTAIN OWNERS' ASSOCIATION, a Washington nonprofit corporation, Respondent, v. Glenn PRESTWICH and Barbara Bentley, his spouse, and their marital community, individually and as trustees of the Bentley-Prestwich Living Trust, Appellants, v. J. Michael Starr and Richard U. Starr, trustees, and the Jack M. Starr Credit Shelter Trust, Respondents.

Court of Appeals of Washington, Division 1.

Publication Ordered April 30, 2013.

Attorney(s) appearing for the Case

Howard Mark Goodfriend , Valerie a Villacin , Smith Goodfriend PS, Seattle, WA, Michael Kent Murray , Attorney at Law, Eastsound, WA, for Appellant.

Derek A. Mann , Attorney at Law, Eastsound, WA, Michael C. Simon , Landerholm, P.S., Vancouver, WA, for Respondent

J. Michael Starr, Eugene, OR, pro se.

Richard U. Starr, Eugene, OR, pro se.

Jack M. Starr Credit Shelter Tru, Eugene, OR, pro se.

LAU, J.

¶ 1 Absent an agreement, joint users of a common roadway are obligated to contribute to the costs reasonably incurred for repair and maintenance of the roadway. In this declaratory judgment action, Barbara Bentley and Glenn Prestwich (Bentley-Prestwich) contend they have no obligation to share repair and maintenance costs for a roadway they indisputably use for ingress and egress. In the alternative, they argue that any obligation imposed should be calculated...

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