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WT PROPERTIES, LLC v. LEGANIEDS, LLC

No. 73752-0-I.

382 P.3d 31 (2016)

195 Wash.App. 344

WT PROPERTIES, LLC, a Washington limited liability company, Respondent, v. LEGANIEDS, LLC, a Washington limited liability company; Model Remodel, LLC, a Washington limited liability company; Jason Legat and John/Jane Doe Legat, spouses, and the marital community comprised thereof; and Daniel Nieder and John/Jane Doe Nieder, spouses, and the marital community comprised thereof, Appellants.

Court of Appeals of Washington, Division 1.

FILED: August 8, 2016.

Attorney(s) appearing for the Case

Matthew Thomas Adamson , Jameson Babbitt Stites & Lombard, 801 2nd Avenue Suite 1000, Seattle, WA, 98104-1515, Counsel for Petitioner.

Sean Flynn , Flynn & Associates, PLLC, 1101 N Northlake Way Suite 5, Seattle, WA, 98103-8948, Connor Costello , Attorney at Law, 1011 E Terrace St. Apt. 218, Seattle, WA, 98122, Counsel for Respondents.

¶ 1 Where the dominant and servient estates of an easement vest in the same person, the merger doctrine generally extinguishes the easement.1 But merger does not apply where the rights of innocent third persons would be prejudiced.2

¶ 2 Here, the predecessors in...

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