Andrew Seitz v. Ronald Knutzen

CourtCourt of Appeals of Washington
DecidedApril 8, 2019
Docket77255-4
StatusUnpublished

This text of Andrew Seitz v. Ronald Knutzen (Andrew Seitz v. Ronald Knutzen) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Andrew Seitz v. Ronald Knutzen, (Wash. Ct. App. 2019).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

ANDREW SEITZ, CONNIE SEITZ ) NELSON, and KIMBERLY ) No. 77255-4-1 BROCKMANN, ) Appellants, ) DIVISION ONE ) v. ) ) RONALD KNUTZEN and MARILYN ) KNUTZEN, individually and the marital ) community comprised thereof, PAM ) UNPUBLISHED OPINION NELSON FAMILY TRUST, MORGAN ) 1 BARTLETT, JR., and LAURIE ) FILED: April 8, 2019 BARTLETT, individually and the marital ) community comprised thereof; and ) SKAGIT COUNTY, a political ) subdivision, ) Respondents. ) )

SMITH, J. — Andrew Seitz, Connie Seitz Nelson, and Kimberly Brockmann

(collectively the Seitzes) own a tideland property on the north end of Padilla Bay.

This appeal concerns the location of the boundary between the Seitzes' tideland

property and the beachfront (or upland) properties of their neighbors, Ronald

(now deceased) and Marilyn Knutzen and Morgan and Laurie Bartlett. The

Seitzes argue that the location of that boundary was forever fixed by a decree

entered in Nauman v. Holmes, No. 13,653 (Skagit County Super. Ct., Wash.

December 18, 1931). We hold that the Nauman decree determined only the

boundaries between adjacent tideland properties in Padilla Bay. It did not

determine the boundaries between those tideland properties and their adjoining

upland properties. Therefore, we affirm. No. 77255-4-1/2

BACKGROUND

The Nauman Case

In 1931, Benjamin Nauman, the trustee for approximately 95 percent of

the tidelands in Padilla Bay, filed a quiet title action against other owners of

Padilla Bay tidelands. In his complaint, Nauman alleged that "prior to the date of

filing this complaint, the State of Washington sold and conveyed a major portion

of Padilla Bay tide lands of the second class." He explained that the deeds from

the State conveying these second-class tidelands to private owners described

them only with reference to the government meander line' and "did not define

and/or undertake to define by course or distance the side lines and/or the outer

lines of the said tidelands so conveyed." In other words, the deeds from the

State did not provide enough information to define the boundaries of each parcel

of tideland as it extended seaward into the Padilla Bay mudflats.2 Furthermore,

because the tidelands were situated in an irregular cove along Padilla Bay,

it is not possible for two or more of said tide land owners to agree and they cannot agree upon the division and boundary side lines or

1 "Meander lines" are "straight-line segments, run by surveyors, that approximately follow the sinuosities of the edge of a body of water." 18 WILLIAM B. STOEBUCK & JOHN A. WEAVER,WASHINGTON PRACTICE: REAL ESTATE: TRANSACTIONS § 13.5, at 99(2d ed. 2004). They are used in surveying because "it would be difficult, if not practically impossible, for a surveyor to measure and describe the irregular edge of a body of water." 18 STOEBUCK & WEAVER § 13.5, at 99. Meander lines are fixed and determinable, i.e., once defined, they can be reestablished on the ground by any competent surveyor. Vavrek v. Parks, 6 Wn. App. 684, 688,495 P.2d 1051 (1972). 2 Other litigation from around the same time suggests that Nauman's lawsuit was motivated by his plans to develop an oyster-growing industry on these mudflats. See Doohan v. Nauman, 172 Wash. 372, 372-73, 20 P.2d 37 (1933)(explaining, in litigation involving "seven chains of tide lands in Padilla Bay," that "[i]n June, 1930, Nauman planned to develop an oyster-growing industry on the lands"). 2 No. 77255-4-1/3

the establishment thereof between their respective tracts because of the necessary converging lines by reason of the irregular curvature of the shore of said cove or bay and the difficulty in reaching the line of extreme low tide by straight and parallel lines. . . and also because for two or more parties to so agree would leave undetermined and in dispute the boundary line between such parties and the next adjoining owner of such tideland and that the determination of one side of the boundary line of any particular parcel of said tideland necessarily involves the determination of the outer limit and opposite and other side of said part or parcel of tideland.

Nauman alleged that "the above stated condition has and will result in disputes

between owners of said tidelands as to the true location of the boundary lines of

the several and numerous tracts of said tidelands." Therefore, he asked the

court to appoint "one or more.. . competent surveyors or engineers as

commissioners to survey, erect, establish and properly mark said boundaries,

and return to the court a plat of said survey and the field notes thereof together

with their report." He also asked that once the commissioners completed their

report,

a hearing be had and a decree entered herein fixing, determining and forever establishing the boundary lines of said tide lands in this complaint referred to and by the parties hereto respectively claimed and owned, and that judgment be entered forever establishing the boundary lines and title of the plaintiff and defendants respectively to said tide lands by them respectively owned.

Nauman had obtained a title report on the above described tidelands, and

his complaint described each tideland property together with its owners,

encumbrancers, and "all others therein interested." Nauman's complaint named

as defendants not only the individuals he identified as having an interest in the

tidelands (other than those for which Nauman was trustee), but also "all other

persons or parties unknown claiming any right, title, estate, lien or interest in the

3 No. 77255-4-1/4

real estate described in the complaint."

Nauman's counsel attempted to serve each of the identified defendants

but believed that some of them were either nonresidents or could not be found in

the state. Accordingly, Nauman requested, and the court granted, an order

directing service by publication on named defendants and "upon all other

persons or parties unknown, claiming any right, title, estate, lien or interest in the

real estate described in the complaint." Service was made by publication in

accordance with that order.

The court appointed Edward C. Dohm as commissioner "to establish by

meets [sic] and bounds descriptions the boundary lines between the respective

tracts of tide lands of the second class owned by the parties plaintiff and

defendants to this action, and return to this court a map or plat showing such

establishment and report thereon." Commissioner Dohm began his work on April

15, 1931, and on November 30, 1931, he filed a "Map of Padilla Bay" and made

an oral report to the c'ourt. This was followed by a written report, filed on

December 16, 1931. In his written report, Commissioner Dohm described the

area embraced by the project, explained how he defined the exterior limits of the

land under consideration, and described the methodology he used "for

segregating the individual tracts and to establish the boundary lines of same."

As shown on the Map of Padilla Bay and described in Commissioner

Dohm's report, Commissioner Dohm segregated the Padilla Bay tidelands into

846 distinct tracts. The tracts are arranged sequentially from tract 1 through tract

846 in radial fashion, like adjoining leaves of a folding fan whose pivot is located

4 No. 77255-4-1/5

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Related

Vavrek v. Parks
495 P.2d 1051 (Court of Appeals of Washington, 1972)
Stockwell v. Gibbons
363 P.2d 111 (Washington Supreme Court, 1961)
Cowiche Canyon Conservancy v. Bosley
828 P.2d 549 (Washington Supreme Court, 1992)
Hill v. Hill
477 P.2d 931 (Court of Appeals of Washington, 1970)
Erickson v. Wick
591 P.2d 804 (Court of Appeals of Washington, 1979)
In Re the Marriage of Thompson
988 P.2d 499 (Court of Appeals of Washington, 1999)
Harris v. Swart Mortgage Co.
249 P.2d 403 (Washington Supreme Court, 1952)
Larson v. Nelson
77 P.3d 671 (Court of Appeals of Washington, 2003)
Stokes v. Polley
37 P.3d 1211 (Washington Supreme Court, 2001)
Thomas v. Nelson
670 P.2d 682 (Court of Appeals of Washington, 1983)
Harkins v. Del Pozzi
310 P.2d 532 (Washington Supreme Court, 1957)
Doohan v. Nauman
20 P.2d 37 (Washington Supreme Court, 1933)
Stokes v. Polley
145 Wash. 2d 341 (Washington Supreme Court, 2001)
Keck v. Collins
357 P.3d 1080 (Washington Supreme Court, 2015)
Van Siclen v. Muir
89 P. 188 (Washington Supreme Court, 1907)
Myers v. Harris
519 P.2d 1307 (Court of Appeals of Washington, 1974)
Larson v. Nelson
118 Wash. App. 797 (Court of Appeals of Washington, 2003)
Jackson v. Quality Loan Service Corp.
347 P.3d 487 (Court of Appeals of Washington, 2015)

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Bluebook (online)
Andrew Seitz v. Ronald Knutzen, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrew-seitz-v-ronald-knutzen-washctapp-2019.