Legal Opinion · Dissent

Metropolitan Park District v. State

Washington Supreme Court

Decided September 18, 1975No. 43481Published

1DissentHorowitz, J.

(dissenting) — The court rejects the State’s contention estoppel does not apply to prevent the State from enforcing the use deed restrictions required by RCW 79.08.080. The use deed in conformity with the statute provides:

The use of the foregoing property is conveyed for municipal park and playground purposes only. This conveyance shall remain in full force and effect only for such period as the grantee shall continue to hold, use, and maintain the property for municipal park and playground purposes. Should the grantee cease to use the property for such purposes or permit the use of the…

2Cases cited10 opinions

  1. State v. Northwest Magnesite Co.Washington Supreme Court · 1947
  2. Leonard v. Washington Employers, Inc.Washington Supreme Court · 1969
  3. City of Nebraska City v. Nebraska City Speed & Fair Ass'nNebraska Supreme Court · 1922
  4. Norton v. City of GainesvilleSupreme Court of Georgia · 1955
  5. City of Seattle v. P. B. Investment Co.Court of Appeals of Washington · 1974

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