United States v. Nader Spahi Emperor West Associates

THOMAS, Circuit Judge:

In this appeal, we consider whether the government may acquire title by adverse possession in Washington after a failed forfeiture proceeding in which the property was improperly described. We hold that in this case, the United States did not satisfy the elements of adverse possession established under Washington law and cannot acquire title to land not included in the forfeiture action.

I

Nader Spahi and his partnership Emperor West Associates owned a warehouse at 1208 Fourth Street in Anacortes, Washington (“the warehouse property”). Alleging that Spahi had purchased the…