Washington Court of Appeals Reverses Lower Court In Civil Harassment Matter Involving Multiple Owners Of Real Property
The Washington State Court of Appeals reversed the decision of the Superior Court granting a civil anti-harassment order against the appellant, which prohibited the appellant from the use and enjoyment, her real property. The property, a beachfront home, was owned by several members of the same family, including the appellant. Following a series of alleged disturbances between the appellant and family members, a civil anti-harassment order under RCW 10.14 was obtained by a few of the family members against the appellant, which prohibited the appellant from the use and enjoyment of the property.
In reversing the Superior Court’s decision, the Court of Appeals found the appellant had a cognizable claim of interest in the property and was “entitled to possess the entire property on equal footing” with the other family members. Thus, the Superior Court lacked the authority under RCW 10.14 (anti-harassment) to prevent the appellant from the use and enjoyment of the property. In dicta, the Court of appeals stated the family members should have sought a protection order under RCW 26.09 or should have commenced a separate civil action to determine title and possession of the property.