Even with the most economical approach to handling a dispute, attorney’s fees and costs can often overwhelm a dispute if the amount in controversy is less than $10,000 or even $20,000. In order to insure that meritorious claims are still economically viable, Washington enacted two rules. In cases involving less than $50,000 in controversy, the [...]
Archive | Washington Supreme Court
RSS feed for this sectionAlleys dedicated for public use cannot be adversely possessed
The Washington Supreme Court answered an often asked question by clearly stating that alleys dedicated for public use cannot be adversely possessed. The case is Kiely v. Graves and concerns competing claims to a portion of an alley that had been vacated by the city of Port Townsend. William and Sally Chapin Kiely were neighbors [...]
State Supreme Court: State has failed to fund education
While a bit off topic in that it does not involve real estate, business or litigation, I feel compelled to comment on the Washington State Supreme Court’s decision today in McCleary v. State. In McCleary, the Supreme Court ruled that the Legislature has failed to fulfill the state’s constitutional mandate to amply fund education. McCleary [...]
Citing equity, courts can take your property
The Huntingtons built their house, well and garage on Noel Proctor’s property. Instead of having the property surveyed prior to building, the Huntingtons mistakenly believed that a survey pin marked the corner of their property. It didn’t, it was actually 400 feet from the true boundary, having been placed there by a prior property owner [...]