Court denies Johnson Park decision appeal

The Washington Court of Appeals last week denied an appeal of a suit over the ownership of the Johnson Park/Rosburg School property. The decision ended a long-standing lawsuit and gave right of ownership to Wahkiakum County.

John and Helen Johnson donated land to the county in 1936 for use as a school or park. The Naselle/Grays River Valley School District built a school on the site and used it until it ceded control of the land to Wahkiakum County several years ago. The county allowed the site to be used by a variety of groups, including the county health department. Several years ago, the county named the site Johnson Park and set up an advisory board of Westend residents to oversee facility use.

Joy Johnson, Earl Johnson and Peder Johnson, heirs of the original donors, filed suit, challenging county use of the facilities and asking the court to give them title to the land. A Wahkiakum Superior Court trial ended in their favor, but the county appealed.

The appeals court ruled in the county's favor, saying, "We hold the deed did not constitute a common law dedication with reverter, as the trial court determined, but instead conveyed title to the land in fee simple. We reverse and remand with directions to quiet title in the County."

The Johnsons appealed that decision, but the court of appeal entered a mandate last week upholding the earlier decision.

Recent Johnson Park uses and activities include a group of card players, the Community Computer Center, a yoga group, an art group, a TOPS (Take Off Pounds Sensibly) group, and the community library. The cafeteria is also available for private or community meetings or events.