249 P.3d 1040
Wash. Ct. App.2011Background
- City of Woodinville acquired record title to Tract Y for a road project.
- Gorman, as general partner of Hollywood Vineyards LP, filed to quiet title alleging vesting by adverse possession prior to conveyance.
- City moved to dismiss under CR 12(b)(6) under RCW 4.16.160, arguing claims predicated on lapse of time against the state are barred.
- Trial court dismissed the action as barred by RCW 4.16.160.
- Gorman contends the 10-year adverse possession period ran while the land was privately owned, making the suit not barred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether RCW 4.16.160 bars Gorman's claim | Gorman: claim not barred by lapse against the state | City: claim is predicated on lapse and barred | Bar cannot be resolved; overturned trial ruling |
| Whether vested title by adverse possession can be asserted after government acquisition | Gorman retains title vested by 10-year period prior to conveyance | City cannot be challenged after transfer due to government immunity | Gorman's adverse possession theory applicable; remanded for trial |
Key Cases Cited
- Commercial Waterway District No. 1 v. Permanente Cement Co., 61 Wash.2d 509 (1963) (government immunity from statutes of limitation; applicability to state entities)
- Mugaas v. Smith, 33 Wash.2d 429 (1949) (title vesting via adverse possession and need for not recording)
- Bowden-Gazzam Co. v. Hogan, 22 Wash.2d 27 (1944) (adverse possession principles; passage of the period vests title)
- Halverson v. City of Bellevue, 41 Wash.App. 457 (1985) (elements and effect of adverse possession against municipalities)
- Reid v. Pierce County, 136 Wash.2d 195 (1998) (de novo review on 12(b)(6) dismissals; factual inferences)
- ITT Rayonier, Inc. v. Bell, 112 Wash.2d 754 (1989) (adverse possession elements (actual, open and notorious, hostile, continuous, exclusive))