Court of Appeals Affirms Trial Victory in Neighbor Dispute

On July 24, 2023, Division I of the Washington Court of Appeals affirmed a trial victory in a neighbor dispute litigated by GTH partner Ryan Espegard.  The appellate court affirmed a $982,000 trial court judgment in favor of Mr. Espegard’s client and awarded attorneys’ fees on appeal. 

In the dispute, Mr. Espegard represented the plaintiff, who brought claims of timber trespass, waste, and nuisance related to the neighbor’s repeated actions damaging plaintiff’s property.  Mr. Espegard also brought a quiet title claim to resolve a boundary dispute.  On November 23, 2021, a jury found the neighbor liable for all claims and awarded his client $853,545 in damages, plus $128,550 in attorneys’ fees and costs.  The neighbor appealed on several evidentiary, technical, and procedural grounds. On April 23, 2023, Mr. Espegard argued at the Washington Court of Appeals and defeated each of the neighbor’s theories as to why the trial verdict should be reversed.  The Court also ordered the neighbor to reimburse the plaintiff for his attorney fees incurred in the appeal, which is expected to bring the total award to over $1 million.

A copy of Division I’s opinion is below and can be read here.