Judge Orders Roof Replacement in View Case

In legal terms, it’s called abatement: removal of some offending condition or structure. In a recent King County Superior Court trial, the abatement doctrine was applied to require a downslope landowner in West Seattle to remove a pitched roof which disturbed a view easement enjoyed by the up-parcel owner and replace it with a flat roof. Said the Judge: “A defendant who commences and continues to build a project, while a lawsuit is pending which challenges the legality of such a project, continues at the risk of abatement.”