REAL PROGRESS, INC. v. CITY OF SEATTLE

No. 40706-6-I.

963 P.2d 890 (1998)

91 Wash.App. 833

REAL PROGRESS, INC., a Washington corporation, Respondent, v. CITY OF SEATTLE, a municipal corporation, Appellant.

Court of Appeals of Washington, Division 1.

August 10, 1998.


Attorney(s) appearing for the Case

Sandra M. Watson, Assistant City Attorney, Seattle, for Appellant.

Richard M. Stephens, Groen & Stephens, Bellevue, for Respondent.


COLEMAN, Judge.

This case concerns the retroactive application of the 1889-90 nonuse statute that provides for the vacation of county roads that remain unopened for five years after being authorized. Because we find that the express language of the statute requires a retroactive application and neither the government's nor the public's interest in the street rose to the level of a vested right, we affirm the Superior Court...

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