- November 14, 1991
- All Washington Agents
- Records of County Engineer
The Washington Supreme Court has reversed an earlier decision of the court of appeals that had held that the records of the county engineer were public records which established constructive notice. Ellingsen v. Franklin County, 810 P.2d 910 (Wash. 1991). The new ruling means that the county engineer's records are not constructive notice.
In this case Franklin County established a road in 1909 pursuant to petition and resolution by the county commissioners. These documents were filed with the county engineer but nothing was recorded with the county auditor. A dispute later arose as to whether filing with the county engineer pursuant to RCW 36.80.040 obviated the need to record with the auditor pursuant to RCW 65.08.
The supreme court (with the help of the WLTA) ruled that filing was not enough. Documents also must be recorded.
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