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HeadsUp for Washington State: Court Opinions From Tuesday, September 8, 2015

Tuesday, September 8, 2015

To view the full text of these opinions, please click here.® and Lexis Advance® subscribers may use the links below to access the cases on and Lexis Advance.

Division One of the Court of Appeals filed 1 new published opinion and announced the publication of 1 additional opinion on Tuesday, September 8, 2015:

1. MJD Props. v. Haley
No. 71691-3            
(September 8, 2015)
2015 Wash. App. LEXIS 2173 (

2015 Wash. App. LEXIS 2173 (Lexis Advance)


Brief: The summary dismissal of the property owners' nuisance claims against his neighbor was improper under RCW 7.48.010 because a trier of fact could have found that the driveway light, without the available adjustment of its shield, offended the senses so as to essentially interfere with the comfortable enjoyment of the owner's home. The dismissal of the owner's spite structure claim was improper because a large planted tree, in some circumstances, could be a spite structure prohibited by RCW 7.40.030. The trial court properly determined that the owner was not a prevailing party entitled to recover attorney fees and costs because the neighbor recovered more than the owner offered to settle the case and the owner did not comply with the procedural requirements of ch. 4.84 RCW.

2. State v. Starbuck
No. 31845-1           
(filed June 25, 2015; ordered published September 8, 2015)
2015 Wash. App. LEXIS 1358 (

2015 Wash. App. LEXIS 1358 (Lexis Advance)


Brief: In the prosecution for aggravated first degree murder of defendant's ex-wife and the violation of her remains, the trial court did not err in excluding defendant's “other suspects” evidence.

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