Gorman v. City of Woodinville
160 Wash. App. 759
Wash. Ct. App.2011Background
- City of Woodinville acquired record title to Tract Y for a road project; Gorman claimed vested title by adverse possession prior to transfer.
- Gorman, as general partner of Hollywood Vineyards Limited Partnership, filed quiet title action asserting adverse possession against the City.
- City moved to dismiss under RCW 4.16.160, arguing no claim predicated on lapse of time may be asserted against the state.
- Trial court dismissed, holding Gorman’s claim barred by RCW 4.16.160.
- Court reverses, stating 10-year adverse possession can vest against private owners and may be asserted even after transfer to government.
- Remands for trial on the validity of Gorman’s title by adverse possession to property recently acquired by the City.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether RCW 4.16.160 bars Gorman’s adverse possession claim. | Gorman | City | No; statute does not bar against private adverse possession claims when land is later acquired by government. |
| Whether vesting by adverse possession against a private owner can be asserted after the property is conveyed to a government entity. | Gorman | City | Yes; adverse possession title can vest against private owners and be asserted despite subsequent government ownership. |
| Whether government immunity principles justify barring claims predicated on lapse of time against the state. | Gorman | City | No; RCW 4.16.160 does not apply to nullify vested private title when the land later becomes public through conveyance. |
Key Cases Cited
- Reid v. Pierce County, 136 Wn.2d 195 (1998) (adverse possession considerations and governmental immunity context)
- Orwick v. City of Seattle, 103 Wn.2d 249 (1984) (prescriptive claims against city property; elements of adverse possession)
- Commercial Waterway Dist. No. 1 of King County v. Permanente Cement Co., 61 Wn.2d 509 (1963) (city as government entity; statute of limitations applicability to government)
- Halverson v. City of Bellevue, 41 Wn. App. 457 (1985) (title by adverse possession vested after 10-year period; ecosystem of quiet title claims)
- Mugaas v. Smith, 33 Wn.2d 429 (1949) (principle that title passes upon adverse possession after statutory period)
- Bowden-Gazzam Co. v. Hogan, 22 Wn.2d 27 (1944) (historical rationale on lapse of time and possession)
- Bellevue Sch. Dist. No. 405 v. Brazier Constr. Co., 103 Wn.2d 111 (1984) (quotations on possession and title transfer principles)