Darin and Lisa Chestnut, Respondent/Cr-Appellants v. Andrew Ko, Appellant/Cr-Respondent (859391 (Anchor Case) 86008-9 (Consolidated))
Andrew Ko and Darin and Lisa Chestnut (the Chestnuts) are neighbors. Both are members of the Strandvik Homeowners Association (Strandvik). Strandvik is a dominant easement holder of a strip of land over Ko’s property and next to the Chestnuts’ property. Ko installed a fence on the easement. The Chestnuts removed the fencing. Ko sued the Chestnuts and Strandvik, alleging the Chestnuts committed common law and statutory trespass. And he sought a declaratory judgment that Strandvik violated its bylaws, which he alleged deprived him of due process. The Chestnuts and Strandvik both moved for summary judgment and sanctions. The court granted the summary judgment motions but denied the motions for sanctions. Ko appeals the grants of summary judgment. The Chestnuts and Strandvik cross-appeal the denial of sanctions. COA # 859391. King County Superior Court # 22-2-18309-8.