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CHELAN COUNTY v. NYKREIM

No. 18929-5-III.

20 P.3d 416 (2001)

105 Wash.App. 339

CHELAN COUNTY, a municipal corporation; Eric Gebelein and Rebecca Waud, husband and wife, and the marital community composed thereof; Joseph J. Straus and Mary Shima, husband and wife, and the marital community composed thereof; Gary Kincaid and Julienne Kincaid, husband and wife, and the marital community composed thereof; and David Bale and Melissa Bale, husband and wife, and the marital community composed thereof, Respondents, Cline Sweet and Kirsten Sweet, husband and wife, and the marital community composed thereof; Mel Simpson and Kim Simpson, husband and wife, and the marital community composed thereof; and John Peterson, a single man, Plaintiffs, v. Michael NYKREIM and Lori Nykreim, husband and wife, and the marital community composed thereof; B. Rick Whitney and Vickie Whitney, husband and wife, and the marital community composed thereof; and William Kelly and Jane Kelly, husband and wife, and the marital community composed thereof, Appellants.

Court of Appeals of Washington, Division 3, Panel Ten.

March 22, 2001.

Attorney(s) appearing for the Case

John M. Groen, Groen, Stephens & Klinge, LLP, Bellevue, for Appellants.

Susan E. Hinkle, Deputy Pros. Atty., Mark R. Johnsen, Karr, Tuttle, Campbell, Joseph J. Straus, Barokas & Martin, for Respondents.

Stephen H.G. Overstreet, General Counsel, Building Industry Ass'n of Wash., Olympia, Eric P. Gillett, Pregg, O'Donnell & Gillett, Washington Land Title Ass'n, Seattle, Larry D. Stout, Asst. Director, Legal & Environmental Affairs, Washington Ass'n of Realtors, Olympia, James M. Johnson, Washington State farm Bureau, Olympia, for amicus curiae.

KURTZ, C.J.

Three married couples—Michael and Lori Nykreim, Rick and Vickie Whitney, and William and Jane Kelly (hereinafter referred to as the Nykreims)—purchased a piece of property in Chelan County as tenants in common and applied for a boundary line adjustment (BLA). In their BLA application, the Nykreims represented that the property consisted of three "parcels" even though the deed referenced an undivided...

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