March 7, 2013 in Washington Voices

Appeals court upholds ruling for museum

From Staff Reports

The Washington State Court of Appeals has upheld the decision of a Spokane County Superior Court judge to throw out a lawsuit filed against the Spokane Valley Heritage Museum by neighboring business owners.

Pat McIntyre of Ichabod’s Tavern, Dave Thompson of Dave’s Bar and Grill and Gary Peters of Peters Hardware filed the lawsuit after the museum fenced its parking lot for outdoor exhibits. The business owners said their customers had long used the parking lot as a cut through from Sprague Avenue to parking located in back of their businesses and said they had a right to continue using the shortcut.

Their claim was denied by Judge Tari Eitzen, who ruled that the business owners did not meet the requirements to claim an easement on the property. The Court of Appeals decision states that there is “substantial evidence” to support Eitzen’s findings.

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