[WSBARP] Question on AP/PE Cases

[Craig Blackmon]

Seems to me the answer is "No." Plaintiff should have filed for trespass
and ejectment. I agree with your analysis that the remedy sought failed to
toll the SOL. A "declaratory action" results only in a court's
determination of legal rights and obligations. So actually by the time the
Court decides this suit, the decision should be in your client's favor.

I am curious to hear the counterargument.

Craig Blackmon, Attorney at Law
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On Mon, Dec 9, 2019 at 10:29 AM Catherine Clark <Cat at loccc.com> wrote:

> 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
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> Fax: (206) 374-3003
> Email:  cat at loccc.com<mailto:cat at loccc.com>
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