Rasmussen

King County v. Rasmussen

Good Law
299 F.3d 1077·2002 WL 1822185
United States Court of Appeals for the Ninth CircuitAugust 9, 2002No. 01-35610California5,868 words

Opinion

Lead Opinion

BETTY B. FLETCHER, Circuit Judge.

This case arises from a dispute over a 100-foot-wide strip of land running along a portion of the eastern shore of Lake Sammamish in King County, Washington, *1080 that was formerly used as part of a railway corridor. King County filed suit against the Rasmussens to quiet title over this strip of land, which bisects the Rasmus-sens’ property, and to obtain a declaratory judgment that it is entitled to quiet enjoyment of the strip.

King County claims it owns a fee simple estate in the strip. The Rasmussens, in turn, claim that their predecessors in interest granted only an easement over the strip and that the rights in the easement have reverted to the Rasmussens so that they now have fee simple title to the strip. The district court granted summary judgment in favor of King County and dismissed the Rasmussens’ counterclaims. Because we conclude that no genuine issues of material fact exist for trial and that King County holds the strip in fee simple, we affirm.

I.

Factual and Procedural Background

In 1876, homesteaders Bill Hilchkanum and Mary Hilchkanum claimed property along the eastern shore of Lake Sammamish in King County,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.