Road ahead Law of the Land: Citing Misapplied Nonuser Statute, Washington Appeals Court Says Couple's Land Belongs to Town
"The nonuser statute imposes a time limit for opening only county roads. The roads and alleyway in Waltman's Addition ceased to be subject to the nonuser statute in 1890 when the town of Rockford was incorporated and Waltman's Addition was annexed and became part of the town," held Judge Siddoway.
May 23, 2023 at 09:53 AM
4 minute read
The Washington Court of Appeals reversed a grant of summary judgment to a couple in a property dispute with the town of Rockford, determining the lower court had incorrectly applied the state's nonuser statute.
In a May 18 decision, Judge Laurel Siddoway for the Washington Court of Appeals reversed and remanded a trial court's granting of summary judgment to Harold Messersmith and Lisa Bryant, after determining the court had improperly applied the state's nonuser statute to award a couple ownership of an undeveloped road.
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