Metropolitan Park District v. Unknown Heirs of Rigney

399 P.2d 516 (1965)

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Metropolitan Park District v. Unknown Heirs of Rigney

Supreme Court of Washington
399 P.2d 516 (1965)

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Facts

In 1884, John Rigney and his wife conveyed a parcel of real property to the Tacoma Light and Water Company (TLW). The deed specified the property was to be used for the purpose of conducting water for the supply of the City of Tacoma. The deed further stated that if TLW or its successors or assigns ever ceased to use the property for this purpose, Rigney or his heirs or assigns would have the right to reenter the property and reclaim it. In 1905, the City of Tacoma, TLW’s successor in interest, ceased using the property to conduct water and began using it as a park. In 1951, the Metropolitan Park District (MPD) (plaintiff) succeeded the City of Tacoma as owner of the property and continued to use the property as a park. More than 10 years later, the MPD brought an action to quiet title in the property. Rigney’s heirs (defendants) counterclaimed, alleging forfeiture due to breach of the condition subsequent in Rigney’s conveyance. All parties moved for summary judgment. The trial court granted MPD’s motion and entered a decree quieting title in MPD. Some of Rigney’s heirs appealed to the Supreme Court of Washington.

Rule of Law

Issue

Holding and Reasoning (Hamilton, J.)

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