CITY OF SPOKANE VALLEY v. SPOKANE COUNTY

No. 26268-5-III.

187 P.3d 340 (2008)

CITY OF SPOKANE VALLEY, a Washington municipal corporation, Appellant, v. SPOKANE COUNTY, a Washington public corporation, and the State of Washington, Respondents.

Court of Appeals of Washington, Division 3.

July 15, 2008.


Attorney(s) appearing for the Case

Michael F. Connelly, Cary P. Driskell, City of Spokane Valley, Spokane Valley, WA, for Appellant.

David W. Hubert, Attorney at Law, Spokane, WA, for Respondents.

Daniel B. Heid, City of Auburn, Auburn, WA, Amicus Curiae on behalf of Washington State Association of Municipal Attorneys.


KULIK, A.C.J.

¶ 1 Under RCW 35.02.180, "[t]he ownership of all county roads located within the boundaries of a newly incorporated city or town shall revert to the city or town and become streets as of the official date of incorporation." In 1980, Spokane County (County) purchased the Milwaukee Railroad Right of Way (right-of-way) which is located partially within what is now the City of Spokane Valley (City). In 1994, the County, by resolution, dedicated the...

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