BRAZIL v. CITY OF AUBURN

No. 46577.

93 Wn.2d 484 (1980)

610 P.2d 909

JOSEPH BRAZIL, Respondent, v. THE CITY OF AUBURN, Petitioner.

The Supreme Court of Washington, En Banc.

May 8, 1980.


Attorney(s) appearing for the Case

Duncan A. Bonjorni and John B. Bereiter, for petitioner.

Howard P. Pruzan (of Miracle, Pruzan & Nelson), for respondent.


ROSELLINI, J.

This action was brought in 1977 by the respondent, who holds record title to a strip of land 20 by 1,000 feet in area located within the city of Auburn. He sought to enjoin the City's use of this property as a public roadway and to recover its rental value from the time the City had paved it in 1971. The City answered that title to the property was in the public, by reason of prescriptive user and adverse possession.

The suit was tried to the...

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