Appeals court reverses Johnson Park ruling

The Washington State Court of Appeals, Division II, in late January overturned a Wahkiakum County Superior Court decision giving control of the old Rosburg School, known now as Johnson Park, to Johnson Family heirs.

The plaintiffs, Joy Johnson, Earl Johnson and Peder Johnson, have until February 25 to file a notice of appeal to the state supreme court. If the supreme court doesn't accept the decision, the case will return to Wahkiakum Superior Court where a new ruling will be entered.

In 1936, John and Helen Johnson conveyed property at Rosburg to Wahkiakum County for the declared purpose of a public park or school. The Naselle/Grays River Valley School District used the site for many years as the Rosburg School. Several years ago, the district turned the site over to the county, which began using the site as a community center.

The heirs challenged the county's use of the property in a quiet title action, and in February, 2008, the trial court ruled in the heirs' favor, declaring that the county wasn't using the property as a public park or school.

The county appealed, and the appeals court ruled in the county's favor, saying: . . . the heirs' position ignores the operative language of the deed, which, "in consideration of the benefits . . . and the sum of One Dollar, paid them by the County of Wahkiakum," did "grant, bargain, sell and convey" to the County the described real property. Given this clear language conveying the property to the County, and absence of any language that clearly makes the conveyance conditional or identifies a triggering event for reversion, the trial court's determination that the deed constitutes a common law dedication subject to reversion is untenable.

"We reverse the trial court's order, which denied the County's motion for judgement on the pleadings and which granted the heirs' cross-motion," wrote Justices Quinn-Brintnall, Armstrong and VanDeren. "We remand, directing the trial court to grant the County's motion and deny the heirs' cross motion."