[WSBARP] Question on AP/PE Cases

[Catherine Clark]

All:

I'm involved in a case where a party has filed a dec action seeking to stop an AP/PE claim by my clients.  The action was filed a week before the SOL ran.  My client has continued to use the property in question.  No TRO or preliminary injunction has been sought seeking to stop this use.

My question is does the mere filing of a lawsuit toll the SOL or is more needed?  I ask because the essence of an AP/PE claim is use.  Seems to me that the filing of suit is notice of hostility but without more, does not cut off actual use.

This has long been a pet issue for me and now I think I have a shot at the question.  All responses appreciated.

Catherine "Cat" Clark
Law Office of Catherine C. Clark PLLC
2200 Sixth Avenue, Suite 1250
Seattle, WA 98121
Phone:  (206) 838-2528
Cell:  (206) 409-8938
Fax: (206) 374-3003
Email:  cat at loccc.com<mailto:cat at loccc.com>

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