SIMONSON v. VEIT

No. 10677-5-I.

37 Wn. App. 761 (1984)

683 P.2d 611

HILMER A. SIMONSON, Respondent, v. HERBERT VEIT, ET AL, Appellants.

The Court of Appeals of Washington, Division One.

June 6, 1984.


Attorney(s) appearing for the Case

Barney, Weiner, McCain & Rotman, P.S., Jay McCain, and Richard M. Barney, Jr., for appellants.

Driano & Sorensen and Nancy L. Sorensen, for respondent.

Kenneth O. Eikenberry, Attorney General, and James R. Johnston, Assistant, amici curiae.


RINGOLD, J.

Defendants Herbert and Marilyn Veit (the Veits) appeal the trial court order granting plaintiff Hilmer Simonson a prescriptive easement across their property and enjoining them from obstructing the easement, arguing that the 10-year period was not met because the State was title owner for part of that time. Because adverse possession may not be asserted against the State, we reverse the trial court decision and dismiss the case.

Simonson lives...

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