Home/Court of Appeals of Washington/Brust v. McDONALD'S CORPORATION

Brust v. McDONALD'S CORPORATION

660 P.2d 320, 34 Wash. App. 199, 1983 Wash. App. LEXIS 2227
CourtCourt of Appeals of Washington
DecidedMarch 7, 1983
Docket9599-4-I
StatusPublished
Cited by11 cases

This text of 660 P.2d 320 (Brust v. McDONALD'S CORPORATION) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brust v. McDONALD'S CORPORATION, 660 P.2d 320, 34 Wash. App. 199, 1983 Wash. App. LEXIS 2227 (Wash. Ct. App. 1983).

Opinion

Callow, J.

The defendants, McDonald's Corporation and James Watters, appeal a judgment, rendered after a nonjury trial, which granted two easements across certain property leased by the McDonald's Corporation from the plaintiffs, William P. Brust and E. A. Thacker. Two issues are presented:

1. Whether the trial court erred by admitting and considering parol evidence to construe the written lease and amendment to lease.

2. Whether the trial court erred in refusing to grant equitable relief on the basis of equitable estoppel or laches.

Brust and Thacker (hereinafter collectively referred to as Brust) are the owners of certain parcels of real property on the northeast corner of the intersection of 41st Street and Colby Avenue in Everett, Washington. These parcels will be designated as Parcel 1, Parcel 2, the eastern parcel and the western parcel.

Westbound traffic has direct access to Parcel 1 from 41st. Eastbound traffic on 41st Street, however, does not have direct access to Parcel 1 due to traffic control devices. No other public street provides access to Parcel 1. Parcel 2 lies immediately to the north of and adjacent to Parcel 1. There is no direct access to Parcel 2 from a public street.

The eastern parcel adjoins Parcels 1 and 2 on the east. There is no direct access to the eastern parcel via a public street except for westbound automobile traffic on 41st Street. The western parcel adjoins Parcels 1 and 2 on the west and is located at the northeast corner of the intersection of 41st Street and Colby Avenue. Westbound automobile traffic from 41st Street may directly access the western parcel. Eastbound traffic on 41st Street cannot directly *203 access the western parcel. Northbound and southbound traffic on Colby Avenue can directly access the western parcel.

*202

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Cite This Page — Counsel Stack

Bluebook (online)
660 P.2d 320, 34 Wash. App. 199, 1983 Wash. App. LEXIS 2227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brust-v-mcdonalds-corporation-washctapp-1983.