1. Home
  2. Browse Decisions
  3. P.3d
  4. 321 P.3d
  5. 321 P.3d 1236 (2014)
 

GAMBOA v. CLARK

No. 30826-0-III.

321 P.3d 1236 (2014)

Magdaleno GAMBOA and Mary J. Gamboa, husband and wife, Respondents, v. John M. CLARK and Deborah C. Clark, husband and wife, Appellants.

Court of Appeals of Washington, Division 3.

March 25, 2014.

Attorney(s) appearing for the Case

Christopher Martin Constantine , of Counsel Inc. PS, Tacoma, WA, for Appellant.

David Allan Thompson , Attorney at Law, Yakima, WA, for Respondent.

PUBLISHED OPINION

SIDDOWAY, J.

¶ To resolve disputes over whether someone's long, unobjected-to use of a neighbor's property gives rise to a prescriptive easement, jurisdictions apply different presumptions of permissive or hostile use and treat different circumstances as overcoming or shifting those presumptions. In this prescriptive easement case the outcome does not turn on any factual dispute but instead on the proper application of the burden of...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases