Brazil v. City of Auburn

Swanson, A.C.J.

The City of Auburn, defendant below, appeals a judgment ordering that it vacate and discontinue use of property owned by respondent/plaintiff Joseph Brazil and pay Brazil rents of $5,875. The City contends the trial court lacked jurisdiction to grant such relief. We disagree and affirm the judgment.

Joseph Brazil purchased the subject property, a 20-foot by 100-foot parcel located in the city of Auburn, pursuant to a treasurer's tax deed dated December 5, 1969. In 1971, the City paved the property in the course of expanding an existing road. At that time and up until 1977,…