Baillargeon V. Press

J. C. and Astri Baillargeon sued their next-door neighbors, A. G. and Jean Press, seeking a judgment requiring the removal of an existing 6-foot-high cedar grape stake boundary line fence, and prohibiting the proposed construction of similar additional fencing along the remainder of the boundary line separating their properties. The suit was founded on the claims that the existing fence constitutes a nuisance and any additional fencing not only would amount to a nuisance but also would violate RCW 7.40.030, the "spite fence" statute. The Baillargeons also claimed a prescriptive right to the boundary line area and asserted that the Presses sought to interfere with this right by construction of the fence and the cutting of trees and plants in the area. The Presses counterclaimed for certain damages and for removal of an encroachment previously placed upon their property by the Baillargeons.