KENNEWICK PUBLIC HOSP. DIST. v. HAWE

No. 27176-5-III.

214 P.3d 163 (2009)

KENNEWICK PUBLIC HOSPITAL DISTRICT, a Washington quasi-municipal corporation, Respondent, v. Alice E. HAWE, individually or if she is deceased, her Unknown Heirs; Norval Luth Havercroft, individually or if he is deceased, his Unknown Heirs; Laura Alice Hurd, individually or if she is deceased, her Unknown Heirs; County of Benton, a Washington Municipal Corporation; State of Washington; Charlie Bateman, an individual; Wallace Bateman, an individual; and also all other Persons or Parties Unknown Claiming any Right, Title, Estate, Lien, or Interest in the Real Estate Described in the Complaint Herein, Defendants, Diocese of Olympia of the Protestant Episcopal Church, d/b/a the Diocese of Olympia, Inc., a Washington Public Benefit Corporation, Appellant.

Court of Appeals of Washington, Division 3.

August 20, 2009.


Attorney(s) appearing for the Case

Ronald F. St. Hilaire, Liebler, Connor, Berry & St. Hilaire PS, Kennewick, WA, for Respondent.

Donald H. Mullins, Allyssa J. Hale, Badgley, Mullins Law Group PLLC, Seattle, WA, Appellant.

Roger A. Braden, Braden Law Firm, McMinnville, OR, for Other Parties.


SWEENEY, J.

¶ 1 Albert M. Luth devised all of his real property in Benton County, Washington, to the Kennewick Public Hospital District (Hospital) in perpetuity so long as the property was not "transferred, incumbered [sic] or otherwise alienated from the purposes herein expressed and intended." Clerk's Papers (CP) at 198. The property was to go to Benton County (County) or the State of Washington (State) if this direction was violated. That provision violates...

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