Tuesday, December 24, 2013

Brown v. Voss case brief

Brown v. Voss case brief summary
715 P.2d 514 (1986)

CASE SYNOPSIS
Plaintiff landowners appealed from a judgment of the Court of Appeals (Washington) that reversed the trial court and held that defendants' request for injunctive relief was appropriate to prevent plaintiffs' misuse of an easement, and enjoined plaintiffs from using the easement to benefit any land other than the dominant estate.

CASE FACTS
Plaintiff landowners appealed from a judgment that reversed the trial court and held that defendant landowners' request for injunctive relief was appropriate to prevent plaintiffs' misuse of an easement, and enjoined plaintiffs from using the easement to benefit any land other than the dominant estate.

DISCUSSION

  • The supreme court determined that plaintiffs' extension of the use of the easement for the benefit of the non-dominant property did constitute a misuse of the easement even though there was no evidence of an increase in the burden on the servient estate. 
  • The court concluded, however, that it did not follow that defendants were entitled to injunctive relief. 
  • The court held that the trial court did not abuse its discretion in denying defendants' request for injunctive relief.

CONCLUSION
The supreme court reversed the court of appeals, reinstated the judgment of the trial court, and held that plaintiffs had misused the easement, but that the trial court had not abused its discretion in determining that an injunction was not appropriate under the circumstances.


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