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ELLINGSEN v. FRANKLIN COUNTY

No. 8462-1-III.

55 Wn. App. 532 (1989)

778 P.2d 1072

CARL ELLINGSEN, ET AL, Respondents, v. FRANKLIN COUNTY, Appellant.

The Court of Appeals of Washington, Division Three.

As amended by order September 29, 1989.

Attorney(s) appearing for the Case

Dennis DeFelice, Prosecuting Attorney, and Robert Ellis, Deputy, for appellant.

Robert Lamp and Witherspoon, Kelley; Carl Sonderman and Sonderman, Timmons & Hames, for respondents.

[As amended by order of the Court of Appeals September 29, 1989.]

MUNSON, A.C.J.

Franklin County appeals the granting of the Ellingsens' motion for summary judgment quieting title to a section of a purported county road on their property. We reverse and remand.

The primary issue behind the summary judgment determination is which of two statutes controls the recording of interests in county roads: (1) the general recording statute, RCW 65.08.070, or...

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