Leonard v. Pierce County

The city of Lakewood appeals summary judgment in favor of D.L. and Bernadine Leonard. The Leonards sued to quiet title to the portion of Beach Lane that abuts their property, arguing that the nonuser statute, RCW 36.87.090, had vacated the road as a matter of law. Beach Lane was dedicated by plat in 1908. We hold that the nonuser statute does not apply because, by the terms of the statute, it will not vacate an unopened road that was dedicated in a plat filed after 1904. The Leonards’ theory that Beach Lane was a federal public road by common law dedication prior to statehood for the…