[WSBARP] Restraining order
Rick Hoss
rhoss at hctc.com
Wed Aug 15 14:17:53 PDT 2018
Gamboa v. Clark 183 Wn 2d 38 (2015) presumption of permissive use.
Roediger v. Cullen 26 Wn 2d 690 (1946) use of footpath to beach arose from
neighborly acquiescence
Two problems for your client.
From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Wednesday, August 15, 2018 12:47 PM
To: wsbarp at lists.wsbarppt.com
Cc: Tom Hause
Subject: [WSBARP] Restraining order
Listmates, We are wondering if anyone could share their experience with
restraining orders to allow continued use of an easement. Short story is
good client has a valid proscriptive easement ( meets all the criteria) over
a path they have used since 1940. Bad client bought the burdened property a
couple years ago and has now forbidden good client to access the beach over
the path. Altercations have been both verbal and physical assault so we have
grounds for a protective order but we would like to include an order to keep
status quo allowing path use until we can get a hearing on merits of the
easement. Good client has a family reunion this weekend which would include
use of the beach. No alternative way to access the water. Any insight or
experience would be appreciated! Tom Hause in our office is handling the
case so if you are contacting directly, his e-mail is tom at glgmail.com
Thanks in advance for any insight!!
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092 fax
Craig at glgmail.com
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