Kobza v. Tripp
Washington Court of Appeals
18 P.3d 621 (2001)
- Written by Salina Kennedy, JD
Facts
Several parcels of land were owned by Larry and Alma Tripp (defendants); the parents of John Kobza, Jay Kobza, and Mary Fish (the Kobzas); and a third family. In the 1970’s, the parties divided the parcels and created an easement in favor of the Kobzas’ parents. The Kobzas’ parents subsequently allowed the Tripps to build a fence blocking the easement. When the Kobzas’ parents divorced in the 1990s, the Kobzas’ parents quitclaimed their interests in the property to the Kobzas (plaintiffs). The Kobzas contracted to sell the property to a third-party buyer, assuring the buyer that an easement existed. The Tripps objected, arguing that the easement no longer existed because, due to abandonment by the Kobzas’ parents, it had reverted to the Tripps. The Tripps’ objection caused the buyer to back out of the transaction at a cost of $35,000 to the Kobzas. The Kobzas sued to quiet title in the easement and requested an injunction against interfering with the easement and $35,000 in damages for their loss of the sale. The trial court found for the Kobzas and awarded all the relief they had requested. The Tripps appealed.
Rule of Law
Issue
Holding and Reasoning (Sweeney, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
