In the MATTER OF That PORTION OF LOTS 1 & 2, BLOCK 1, COMSTOCK PARK SECOND ADDITION, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 84, SITUATE IN THE CITY AND COUNTY OF SPOKANE, Washington, Lying Easterly of the Following Described Line: Beginning at the Northwest Corner of Said Lot 1; Thence N89°59'27"E, Along the North Line of Said Lot 1, 11.00 Feet; Thence S09°39' 47'W, Generally Along a 6.0° Foot Board Fence, to the South Line of Said Lot 2 and the Point of Terminus; Except a Portion Thereof Described as Follows: Beginning at the Southeast Corner of Said Lot 2; Thence Southwesterly Along the Southerly Line of Said Lot 2 to the Southwest Corner Thereof; Thence Northerly Along the Westerly Line of Said Lot 2 A Distance of 38.0 Feet; Thence Northeasterly to the Point of Beginning;
Alex May, owner of said property, Petitioner,
v.
Spokane County, necessary party; and Vicky Dalton, Spokane County Auditor, in her official capacity, necessary party, Respondents.
Supreme Court of Washington.https://leagle.com/images/logo.png
Argued October 21, 2021.
Filed March 31, 2022.
Attorney(s) appearing for the Case
Bryan V. Pham , Attorney at Law, P.O. Box 3528, Spokane, WA, 99220-3528, Yajaira Lujano , Rule 9 Intern, P.O. Box 3528, Spokane, WA, 99220, for Petitioner.
John Grasso , Spokane County Pros. Atty. Office, 1100 W. Mallon Ave., Spokane, WA, 99260-2043, for Respondent.
Debbieann Erickson , Attorney at Law, 3702 E. 8th Ave., Spokane, WA, 99202-5213, Dennis Charles Cronin , The Law Office of DC Cronin, 724 N. Monroe St., Spokane, WA, 99201-2108, Kenneth H. Kato Attorney at Law, 1020 N. Washington St., Spokane, WA, 99201-2237, for Amicus Curiae on behalf of Carl Maxey Center.
Karen Elizabeth Boxx , Keller Rohrback LLP, 1201 3rd Ave. Ste. 3200, Seattle, WA, 98101-3052, Todd Maybrown , Allen Hansen Maybrown & Offenbecher, PS, 600 University St. Ste. 3020, Seattle, WA, 98101-4105, for Amicus Curiae on behalf of Professors Karen Boxx and Gregory Hicks.
Valerie Davis McOmie , Attorney at Law, 4549 Nw Aspen St. Camas, WA, 98607-8302, Daniel Edward Huntington , Richter-Wimberley PS, 422 W Riverside Ave. Ste. 1300, Spokane, WA, 99201-0305, for Amicus Curiae on behalf of Washington State Association for Justice Foundation.
WHITENER, J.
¶ 1 This case involves the delicate balance required in addressing the elimination of morally repugnant covenants and the preservation of the documented history of disenfranchisement of a people. RCW 49.60.227 permits a court to strike a racially restrictive, legally unenforceable covenant from the public records and eliminate...
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