Real Progress, Inc. v. City of Seattle
Court of Appeals of Washington
1Opinion of the CourtColeman, J.
— This case concerns the retroactive application of the 1889-90 nonuse statute that provides for the vacation of county roads that remain unopened for five years after being authorized. Because we find that the express language of the statute requires a retroactive application and neither the government’s nor the public’s interest in the street rose to the level of a vested right, we affirm the Superior Court’s grant of summary judgment.
FACTS
On February 6, 1884, Guy C. and Nellie Phinney recorded a plat for “Maynard’s Lake Washington Addition to the City of Seattle” in the King County…
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