Johnson Park suit goes to court of appeals

The suit over control of Johnson Park in Rosburg is going to the Washington State Court of Appeals.

Joy Johnson, Peder Johnson and Earl Johnson, descendents of the Johnsons who donated land to Wahkiakum County in 1938 for use as a school or public park, filed suit last September to regain control of the property.

A deed dating back to 1938 says Wahkiakum County owns for park purposes forever, provided School District #66 or its successors shall have the right in the event that it shall deem necessary or proper to construct and maintain a public school building or buildings and playground.

The Naselle-Grays River Valley School used the site for a school for years but passed it to the county a couple years ago. The county formed an advisory board which has been working on a facilities operation plan. The facility housed a preschool, computer center, county health department office and is used for school and community recreation programs.

The Johnsons' suit alleges the uses don't meet the definition of a public park, so control should revert to them.

In January, after hearing both sides in the case, Judge Michael Sullivan ruled the plaintiffs were entitled to judgment on the pleadings.

The judge's order adds that the property donated to the county by the family will revert back to the family if the property in question should ever be used as anything other than the original trust--a park or a school.

"Park purpose" must be understood as it would have been defined in 1938, the judge ruled.

The judge also ruled that equity with the property rests with the family and not with the county.

Representing the county, Prosecuting Attorney Dan Bigelow appealed the courts decision on February 25 of this year.

On March 25, the plaintiffs filed a cross appeal specifically focusing on the court's handwritten insertion in the ruling in Paragraph 4 stating "from this day forward."