PENDERGRAST v. MATICHUK

No. 92324-8.

379 P.3d 96 (2016)

Leslie M. PENDERGRAST, as an individual, Respondent, v. Robert MATICHUK and Jane Doe Matichuck, as individuals and in their marital capacity; Blaine Properties L.L.C., a Washington State limited liability company, Petitioners, Bank of the Pacific, a Washington State corporation; Mark R. and Cynthia A. Sanford, as individuals and in their marital capacity; and Gina M. Lingenfelter and John Doe Lingenfilter, as individuals and in their marital capacity, Defendants.

Supreme Court of Washington, En Banc.

Filed September 15, 2016.


Attorney(s) appearing for the Case

Bryan Donald Lane , Lane Law Firm PLLC, 114 W. Magnolia St., Ste. 400, Bellingham, WA, 98225-4380, for Petitioners.

Bryan Donald Lane , Lane Law Firm PLLC, 114 W. Magnolia St., Ste. 400, Bellingham, WA, 98225-4380, for Defendants.

Mark J. Lee , Brownlie Wolf & Lee LLP, 230 E. Champion St., Bellingham, WA, 98225-4548, for Respondent.


¶ 1 Leslie Pendergrast and Robert Matichuk bought adjacent lots separated by a solid wooden fence. The fence enclosed a venerable cherry tree on Pendergrast's lot. For several years, Pendergrast and Matichuk maintained their lots as if the fence was the boundary line between them. Unfortunately, the fence stood several feet...

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