City of Lakewood v. Pierce County

30 P.3d 446
Washington Supreme Court·Decided July 5, 2001·No. 70297-7·Published·Cited by 38 cases

Opinion

30 P.3d 446 (2001)
144 Wash.2d 118

CITY OF LAKEWOOD, A Municipal Corporation of the State of Washington, Petitioner,
v.
PIERCE COUNTY, A Political Subdivision of the State of Washington, Respondent.

No. 70297-7.

Supreme Court of Washington, En Banc.

Argued May 17, 2001.
Decided July 5, 2001.

*447 Daniel Brian Heid, Asst. Lakewood City Attorney, Lakewood, for Petitioner.

Gerald Horne, Pierce County Prosecutor, Douglas Warren Vanscoy, Deputy, Tacoma, for Respondent.

SMITH, J.

Petitioner City of Lakewood seeks review of a decision of the Court of Appeals, Division Two, which affirmed an order of summary judgment by the Thurston County Superior Court in favor of Respondent Pierce County in an action to impress a constructive trust on judgment proceeds Respondent received from the United States in a quiet title and condemnation action in the United States District Court for the Western District of Washington. The Court of Appeals affirmed the trial court, concluding there was no clear, cogent and convincing evidence upon which to impress the trust.[1] We granted review. We affirm.

QUESTION PRESENTED

The question presented in this case is whether under its facts a constructive trust should be established by the Washington State courts in favor of Petitioner City of Lakewood against Respondent Pierce County for funds received by Pierce County in a judgment in a quiet title and condemnation action against the United States in the United States District Court for the Western District of Washington.

STATEMENT OF FACTS

On August 29, 1997 Petitioner City of Lakewood filed a complaint against Respondent Pierce County in the Thurston County Superior Court.[2]

Although Petitioner's complaint is somewhat confusing, Petitioner at least asked the Pierce County Superior Court to declare a constructive trust in favor of Petitioner upon the funds awarded Respondent Pierce County in a prior lawsuit in the United States District Court for the Western District of Washington or, in the alternative, to order Respondent Pierce County to "commence the improvements to Murray Road, Thorne Lane, 146th Street and the Pedestrian Path for which Pierce County argued in [the federal] lawsuit."[3]

On January 1, 1991 the United States Government closed Woodbrook Road located in Pierce County and partially running through McChord Air Force Base.[4] On August 28, 1991 Respondent Pierce County filed a quiet title action against the United States in the *448 United States District Court for the Western District of Washington.[5] On June 22, 1992 the Honorable Robert J. Bryan, after a hearing, quieted title in favor of Respondent Pierce County but allowed the United States to retain possession of Woodbrook Road.[6]

On October 5, 1993, in a hearing before Judge Bryan, Respondent presented expert testimony that replacement roads and improvements were necessary to compensate for the loss of Woodbrook Road.[7] In an oral ruling Judge Bryan stated:

[N]o substantial compensation is due to the state if such other roads serve the municipality's requirements and needs in as adequate a manner and extent and with equal utility as such system would have provided had the facility in question not been condemned, so far as this is reasonably practical.[8]
....
The bottom line here is that it's my judgment that in order to serve the requirements and needs of Pierce County in as adequate a manner and extent and with equal utility as the Pierce County system would have provided had Woodbrook Road not been closed, in a reasonably practical matter, it is necessary to do the upgrading to the Thorne Lane interchange and Murray Road as requested by the County....
....
I would incorporate into these findings the jurisdiction finding of the court under the Quiet Title Act and that the amount of compensation is the only issue, and would make the findings that are not contested and that have already been determined, that the plaintiff had a public right of passage over Woodbrook Road and the Air Force closed it on the date indicated. Those facts are not in contest, of course, and are part of my findings here.[9]

On November 1, 1993 Judge Bryan ruled against the United States and awarded Respondent Pierce County $3,817,266.00.[10] The clerk's minute order read in part:

For the reasons orally stated by the court, judgment is in favor of the plaintiff and against the defendant. A hearing on damages will be held Monday, October 25, 1993 at 9:30 a.m. to determine a specific total amount of the judgment. The court has awarded a partial amount of $2,280,164.00.[11]
The judgment read in part:
Decision by Court. This action came to trial before the Court. The issues have been tried and a decision has been rendered.
IT IS ORDERED AND ADJUDGED
The court finds total judgment to be in the amount of $3,817,266.00 in favor of plaintiff and against the defendant.
November 1, 1993 Bruce Rifkin Date Clerk Jean Adams (By) Deputy Clerk[12]

On February 10, 1994 the United States appealed the judgment.[13] On January 31, 1995 the United States and Respondent Pierce County entered into a settlement agreement.[14] On May 25, 1995 the United States paid Respondent $4,020,107.91, the total judgment plus interest.[15]

After Judge Bryan quieted title, on January 13, 1993 a total of 26 individuals and businesses in the American Lake Gardens area filed an action in the United States District Court for the Western District of Washington against Pierce County for damages *449 arising out of closure of Woodbrook Road.[16] In September 1994 the plaintiffs agreed to dismiss the action in return for monetary payment conditioned upon Pierce County collecting the judgment against the United States in the previous case decided by Judge Bryan.[17] On June 1, 1995 Respondent Pierce County paid the 26 plaintiffs a total of $205,519.01 under the settlement agreement.[18] On November 1, 1996 the sum of $93,678.90 was internally paid to Respondent's Risk Management Department as reimbursement for litigation costs.[19]

On March 14, 1995 voters approved incorporation of the City of Lakewood.[20] The City was incorporated on February 28, 1996.[21] Some of the roads impacted by loss of Woodbrook Road are located within the boundaries of the newly incorporated City of Lakewood.[22] Pierce County has made no improvements to the roads since the City of Lakewood was incorporated.[23]

On August 29, 1997 Petitioner City of Lakewood filed this action against Respondent Pierce County in the Thurston County Superior Court.[24] On December 16, 1998 Respondent filed a motion for summary judgment.[25] It claimed the state court did not have jurisdiction to interpret or enforce a federal judgment; federal law does not require a prevailing municipality in a condemnation case to spend judgment proceeds in any particular manner; and even if the state court did have jurisdiction, there was no basis under state law for impressing a constructive trust upon the judgment proceeds.

Free access — add to your briefcase to read the full text and ask questions with AI

City of Lakewood v. Pierce County, 30 P.3d 446 (Wash. 2001).

30 P.3d 446 (City of Lakewood v. Pierce County) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State of Washington v. Randy Shea Gardner
556 P.3d 186 (Court of Appeals of Washington, 2024)
In Re The Donna Clark Irrevocable Trust
Court of Appeals of Washington, 2023
Ehouse Development Llc, V. Sanford Lam
Court of Appeals of Washington, 2023
Richard Fortin, V. Callum Herdson
530 P.3d 220 (Court of Appeals of Washington, 2023)
In the Matter of the Parentage of: R.V.
Court of Appeals of Washington, 2022
Milwaukie Lumber v. Popick And Veristone
Court of Appeals of Washington, 2021
State Of Washington, V Ronald L. Cook, Sr.
Court of Appeals of Washington, 2018
State Of Washington v. William Frederick Jensen
Court of Appeals of Washington, 2016
First National Bank Of Omaha v. David T. Gilchrist
Court of Appeals of Washington, 2016
Fearghal McCarthy v. West Park Partners, Llc
Court of Appeals of Washington, 2016
Neal Mcintosh v. Azalea Gardens, Llc
Court of Appeals of Washington, 2016
In re the Marriage of Valente
320 P.3d 115 (Court of Appeals of Washington, 2014)
Holt v. Regional Trustee Services Corp.
266 P.3d 602 (Nevada Supreme Court, 2011)
Stout v. Johnson
159 Wash. App. 344 (Court of Appeals of Washington, 2011)
Albice v. Premier Mortgage Services of Washington, Inc.
157 Wash. App. 912 (Court of Appeals of Washington, 2010)
Albice v. PREMIER MORTG. SERVICES OF WASH.
239 P.3d 1148 (Court of Appeals of Washington, 2010)