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Christian v. Purdy

as corrected.: April 8, 1991.

FRED L. CHRISTIAN, ET AL, APPELLANTS,
v.
JOHN S. PURDY, ET AL, RESPONDENTS



Scholfield, J. Webster, A.c.j., and Agid, J., concur.

Author: Scholfield

The Christians appeal the trial court's summary judgment order, which quieted title to a vacated roadway in favor of the Purdys. We reverse.

Facts

In 1949, Andrew and Maria Ottesen platted "Ottesen's Plat" in Island County, Washington.*fn1 Ottesen's Plat was divided into nine lots and included the former Wagner Street along the southwestern border of the plat. The plat

dedication conveyed Wagner Street to Island County in 1949. The Ottesens also owned the triangular parcel of property to the southwest of Wagner Street, shown as parcel 020-234 on the map. This land, which now belongs to the Christians, was not included in Ottesen's Plat.

The Purdys acquired title to lots 5, 6, 7, 8, and 9 of Ottesen's Plat in 1978.*fn2 In 1983, John Purdy initiated and completed a vacation of a portion of Wagner Street. As a condition to the vacation order, Purdy was required to grant an access and utility easement for the benefit of the Christians' property.

In November 1988, Filopmena Christian attended an Island County Board of Commissioners meeting and inquired as to the status of the vacated Wagner Street. In a letter dated December 5, 1988, the County explained to her that since the full roadway had originally been dedicated as part of Ottesen's Plat, title to the vacated portion vested in the Purdys, who owned adjacent property within the plat.

In September 1989, the Christians brought this action against the Purdys to quiet title in the southwesterly 30 feet of the vacated roadway.*fn3 Both parties moved for summary judgment. The trial court granted the Purdys' motion, quieting title to the property in their favor. This appeal timely followed.

Title to Vacated Street

In reviewing a trial court's decision granting summary judgment, an appellate court engages in the same inquiry as does the trial court. Swanson v. McKain, 59 Wash. App. 303, 306, 796 P.2d 1291 (1990), review denied, 116 Wash. 2d 1007 (1991). Summary judgment should be granted only where the pleadings, affidavits, depositions and admissions on file, and the reasonable inferences to be drawn therefrom, viewed in the light most favorable to the nonmoving party,

demonstrate that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter ...


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