XXXX
XXXX
XXXX
XXXX
XXXX
XXXX
XXXX
XXXX
XXXX
XXXX
XXXX
Website Navigation
The Issues
and
Proposed Solutions
( Website Homepage )
Understand the ELS Federal Tax Fraud Scheme
Legal Opinions and
Documents related to the
ELS Tax Fraud Scheme
Chronological List of
Website Documents
Washington State
Precedential
Railroad Right-of-Way
Opinions Thru Brown

Footnotes

MARY E. HARRIS, Petitioner, v. SKI PARK FARMS, INC., Respondent.
[No. 58600-4. En Banc. February 11, 1993.]

1 Land Grant Act of 1864, 13 Stat. 365.

2 Clerk's Papers, at 182.

3 Brief of Petitioner, at 4. This is consistent with the legal description in the title report dated November 10, 1987. Clerk's Papers, at 255.

4 Clerk's Papers, at 182. The language is transcribed from a copy of the original handwritten deed included in the Clerk's Papers, the original of which is on file in volume 5 of Deeds, Pierce County, at 351-54.

5 Clerk's Papers, at 346.

6 Harris v. Ski Park Farms, Inc., 62 Wn. App. 371, 814 P.2d 684 (1991).

7 Clerk's Papers, at 84.

8 Clerk's Papers, at 200. The record does not indicate intervening conveyances prior to Sabin's conveyance to Winkelman.

9 Clerk's Papers, at 303.

10 Clerk's Papers, at 84.

11 Clerk's Papers, at 22. The record does not indicate the date of this acquisition.

12 Clerk's Papers, at 248.

13 (Italics ours.) 43 U.S.C. SS 912.

14 Clerk's Papers, at 201. The contract reserved "a 30 foot non-exclusive easement for ingress, egress and utilities . . .. "The document in the file is not signed, but a declaration asserts that the transaction was executed. That assertion is not contested. Clerk's Papers, at 216.

15 Clerk's Papers, at 245. The document referred to a sketch which was attached.

16 Clerk's Papers, at 207, 255.

17 Clerk's Papers, at 212-13.

18 Clerk's Papers, at 135. Petitioner Harris and 39 other plaintiffs (Citizens Against the Trail) initially filed a quiet title action on February 20, 1987. Ski Park was joined as a defendant with an interest in the subject property. Since the claims between Ms. Harris and Ski Park were unlike the claims of the other parties, the trial court bifurcated the action. Only Petitioner Harris is a party before this court. Clerk's Papers, at 173.

19 Report of Proceedings, at 64.

20 Report of Proceedings, at 108.

21 Clerk's Papers, at 344.

22 Clerk's Papers, at 259.

23 Clerk's Papers, at 266.

24 Clerk's Papers, at 216.

25 Clerk's Papers, at 261.

26 Clerk's Papers, at 265.

27 Report of Proceedings, at 96, 97, 99, 108.

28 Harris v. Ski Park Farms, Inc., 62 Wn. App. 371, 377, 814 P.2d 684 (1991).

29 Harris, at 377.

30 CR 56(c).

31 Jacobsen v. State, 89 Wn.2d 104, 569 P.2d 1152 (1977).

32 Wilson v. Steinbach, 98 Wn.2d 434, 656 P.2d 1030 (1982).

33 Marincovich v. Tarabochia, 114 Wn.2d 271, 787 P.2d 562 (1990).

34 Morsbach v. Thurston Cy, 152 Wash. 562, 568, 278 P. 686 (1929).

35 Olympia v. Palzer, 107 Wn.2d 225, 229, 728 P.2d 135 (1986).

36 Veach v. Culp, 92 Wn.2d 570, 573, 599 P.2d 526 (1979).).

37 Veach, at 573.

38 Morsbach v. Thurston Cy., 152 Wash. 562, 278 P. 686 (1929).

39 Swan v. O'Leary, 37 Wn.2d 533, 225 P.2d 199 (1950).

40 Swan v. O'Leary, supra.

41 Veach v, Culp, 92 Wn.2d 570, 574, 599 P.2d 526 (1979) (quoting Swan v. O'Leary, supra). See King Cy. v. Squire Inv. Co., 59 Wn. App. 888, 801 P.2d 1022 (1990) (Washington cases show a strong tendency to consider such rights of way as easements).

42 92 Wn.2d 570, 599 P.2d 526 (1979).

43 Veach, at 575.

44 Veach v. Culp, supra; Roeder Co. v. Burlington Northern, Inc., 105 Wn.2d 567, 716 P.2d 855 (1986).

45 Zobrist v. Culp, 95 Wn.2d 556, 627 P.2d 1308 (1981).

46 Zobrist.

47 Biles v. Tacoma, O. & G.H.R.R., 5 Wash. 509, 32 P. 211 (1893). See also Studebaker v. Beek, 83 Wash. 260, 265, 145 P. 225 (1915).

48 Kesinger v. Logan, 113 Wn.2d 320, 779 P.2d 263 (1989) (an easement is an interest in land within the purview of the conveyance statute).

49 Clerk's Papers, at 265. We cannot consider this assertion because it is contained only in an unsigned declaration.

50 Veach, at 574.

51 75 Wn.2d 241, 450 P.2d 470 (1969).

52 Roeder Co. v. Burlington Northern, Inc., 105 Wn.2d 269, 714 P.2d 1170 (1986).

53 Berg v. Hudesman, 115 Wn.2d 657, 801 P.2d 222 (1990).

54 Berg, at 667, 668.

55 115 Wn.2d 657, 801 P.2d 222 (1990).

56 Berg, at 669.

57 Kunkel v. Meridian Oil, Inc., 114 Wn.2d 896, 901, 792 P.2d 1254 (1990).

58 Swan, at 535.

59 Stender v. Twin City Foods, Inc., 82 Wn.2d 250, 510 P.2d 221 (1973).