BROWN v. STATE

Nos. 62217-5, 61376-1 and 61375-3.

924 P.2d 908 (1996)

130 Wash.2d 430

John F. BROWN, Jr., and Priscilla J. Brown, husband and wife; Maynard H. Linder and Deloris J. Linder, husband and wife; John L. Miller and Darlene L. Miller, husband and wife; Truman Winegar and Phoebe Winegar, husband and wife; and B.F. George and Nina George, husband and wife, Appellants, v. The STATE of Washington, Respondent/Cross Appellant. Paul Herman HARDER, a single person; Eloise Potts, a widow; and Robert H. and Norma M. Spencer, husband and wife, Respondents, v. The STATE of Washington, Appellant. Norman and Arlene BAILEY, husband and wife; Belsby Ranches, Inc., a Washington corporation; U.S. Bank of Washington, as Trustee of the Wilmer Trust; James W. and Doris G. Potts, husband and wife; Harold and Agnes Clem, husband and wife; Baker-Boyer Bank, as Trustee of the Rosalia Baker-Smith Trust; Gertrude Simpson, a married person dealing in her sole and separate property; Theodore K. Simpson, a married person dealing in his sole and separate property; Francis W. Simpson, a married person dealing in his sole and separate property; John B. Simpson, a married person dealing in his sole and separate property; Thomas A. Simpson, a married person dealing in his sole and separate property; Mary Rickel, a single person; Margaret Smith, a single person; Charles Lowe, a single person; Judy Lowe, a single person; Michael L. and Linda Hall Siler, husband and wife; L. Laverne and Mary Elizabeth Siler, husband and wife, Maurice Allert, a married man dealing in his sole and separate property; Evonne Donna Carlson, a single person; C. Louise Cox, a single person; Eva Ellwart, a single person; Mary Hill, a single person; Amy Hill, a single person; James Hill, a single person; and Marie Hill, a single person, Respondents, v. The STATE of Washington, Appellant.

Supreme Court of Washington, En Banc.

Decided October 17, 1996.

Reconsideration Denied November 20, 1996.


Attorney(s) appearing for the Case

Kenneth D. Beckley, Attorney at Law, Ellensburg, for appellants Brown, Linder, Miller, Winegar, and George.

Keller, Rohrback, T. David Copley, John H. Bright, III, Seattle, for the State.

Dan J. Cadagan, III, Attorney at Law, Spokane, for respondents Bailey, Belsby Ranches, Inc., Simpson, Carlson, Cox, Ellwart, Harder, Potts, and Spencer.


JOHNSON, Justice.

This case involves a dispute over title to property formerly used as a railway in Adams, Kittitas and Whitman counties. The dispute is between abutting property owners claiming reversionary interests and the State, which purchased the property from the Chicago, Milwaukee, St. Paul & Pacific Railroad Company (Milwaukee) for a rails to trail project. The property owners claim the property reverted to them...

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