Gamboa v. Clark

The parties in this case, the Gamboas and Clarks, owned adjoining parcels of land separated by a gravel road in a rural area in Yakima County. Since coming to the parcel in 1992, the Gamboas used the gravel road as a driveway to access their home and some of their alfalfa crop. When the Clarks came to their parcel in 1995, they used the road to farm grapes, including watering the grape plants and spraying for weeds. The trial court found that "[t]he Gamboas and the Clarks both used the roadway as described above without any disputes until 2008. Each party was aware of the other's use of the roadway, but no one objected to the other's use until a dispute arose in 2008." A dispute arose over the Gamboas' dogs and the Clarks' irrigation practices, and "it eventually escalated into a dispute over which of them owned the land on which the roadway was situated." This case presented for the Supreme Court's review the issue of whether the Gamboas met one of the requirements of the rule that would allow them to continue using the road. Specifically, the Gamboas had to show that their use of the road was adverse to the Clarks. Since the evidence showed a reasonable inference that the Clarks let the Gamboas use the road out of "neighborly acquiescence," the Supreme Court held that the Gamboas did not show that their use of the road was adverse to the Clarks. Therefore, the Gamboas could not continue using the road. View "Gamboa v. Clark" on Justia Law