Ronald J. Cogdell et al., Respondents, v. 1999 O'Ravez Family, LLC, Appellant.
Jan 01, 2009OUTCOME: The court vacated the easement and remanded to the trial court with instructions to decide an equitable remedy. The court denied fees and costs on appeal.
Appellant landowner challenged a decision of the Stevens Superior Court (Washington), which ordered an easement as an equitable remedy after finding that respondent landowners encroached on land owned ... by appellant. Respondents had sued for quiet title and equitable relief or for the establishment of a true boundary, and respondents' bankruptcy court ruled that the case could proceed to judgment. Appellant sought fees and costs on appeal. The issue in this case was whether the trial court erred in its equitable remedy by ordering an easement favoring respondents without granting any offsetting relief to appellant. The court held that the trial court erred and vacated the easement and remanded. The unchallenged findings of fact and conclusions of law established that respondents' residence, a pool, and a well were constructed on a parcel acquired by appellant, thereby establishing respondents' encroachment on appellant's property. It appeared that respondents conceded that the easement granted was an inappropriate remedy. The court agreed because respondents' improvements were built entirely on appellant's parcel. The easement awarded in essence rewarded respondents' encroachment without any counter-balancing equitable compensation for appellant. Thus, in equity, the easement did not do substantial justice for appellant. The court vacated the easement and remanded. Certain warranties did not authorize an award of attorney fees on appeal, such that appellant was not entitled to attorney fees and costs on this basis.
