Bethany Presbyterian Church v. City of Seattle

• Court: Washington Supreme Court
• Writing for the Court: PARKER, J.
• Citation: Bethany Presbyterian Church v. City of Seattle, 154 Wash. 529, 282 P. 922 (Wash. 1929)
• Decision Date: 12 December 1929
• Docket Number: No 21808.
• Parties: BETHANY PRESBYTERIAN CHURCH v. CITY OF SEATTLE et al.

282 P. 922

154 Wash. 529

BETHANY PRESBYTERIAN CHURCH v. CITY OF SEATTLE et al.

No 21808.

Supreme Court of Washington, En Banc.

December 12, 1929

Appeal from Superior Court, King County; James B. Kinne, Judge.

Action by the Bethany Presbyterian Church against the City of Seattle and King County. Decree for second named defendant and plaintiff appeals. Reversed and remanded with directions.

Carkeek McDonald & Harris and Wright & Wright, all of Seattle, for appellant.

Ewing D. Colvin, Harry A. Rhodes, Thomas J. L. Kennedy, and Bruce MacDougall, all of Seattle, for respondents.

PARKER J.

This is an appeal by the Bethany Presbyterian Church, a corporation from an order of the Superior court for King county awarding to King county $343.63, now in the hands of the clerk of that court, claimed by the church as part of the compensation awarded to it in an eminent domain proceeding prosecuted by the city to final judgment therein, wherein the city acquired title to certain land from the church for street purposes. The city claims the right to have the money paid to the county for general taxes levied against the land for the year 1928, to the end that all possible right of the county to enforce payment of such taxes from the city or to enforce a lien against the land for the taxes shall be satisfied. The county, as we understand the argument of its counsel, claims the money for payment of the taxes upon the theory that the money was, in legal effect, so awarded for its benefit in the eminent domain proceedings; not, however, waiving its alternative claim of right to enforce a lien against the land for the taxes as against the city, should the money be finally awarded to the church.

The controlling facts all appear by written stipulation entered into between the church, the city, and the county, and may be summarized as follows: On March 2, 1928, the city commenced in the superior court for King county an eminent domain proceeding looking to the acquiring of the land for street purposes. Such proceedings were had therein that on July 5, 1928, 'a judgment was signed awarding the sum of $9,427.50 as damages in said condemnation proceedings for the taking of the property sought to be condemned belonging to the Bethany Presbyterian Church, a corporation.' On January 14, 1929, the six months' statutory period within which the city had the privilege of electing whether it would pay the eminent domain award and take the land or abandon its right to do so having expired, and the city having failed to expressly so elect, which failure had the effect, in law, of constituting an election by the city to pay the award and take the land (section 9274, Rem. Comp. Stat.), the church demanded payment from the city of the full amount of the award. Thereupon a controversy arose between the church, the city, and the county as to whether or not the general taxes upon the land levied for the year 1928, amounting to $343.63, should be first paid to the county out of the total award and only the balance thereof paid to the church. To the end that such controversy might be adjudicated by the court without delaying payment to the church of the portion of the total award as to which there was no controversy, a stipulation was entered into between the church, the city, and the county, in compliance with which, on January 16, 1929, the whole amount of the award was paid by the city to the church, and the church thereupon deposited with the clerk of the court $343.63, the amount of the taxes in question, to await the court's decision as to whether the church or the county should be paid the sum so deposited. Thereupon that question was submitted to the court for decision, which submission resulted in a decision and order of the court denying to the church the right to the money, and directing that it be paid to the county for the taxes levied against the land for the year 1928. It is from this order that the church has appealed to this court.

When did title to the land pass from the church to the city as the result of the eminent domain proceeding? In section 9231, Rem.

Comp Stat., relating to eminent domain proceedings by cities, we read: 'The court, upon proof that just compensation so found by the jury, or by the court in case the jury is waived, together with costs, has been paid to the person entitled thereto, or has been paid into court as directed by the court, shall enter an order that the city or town shall have the right at any time thereafter to take possession of or damage the property in respect to which such compensation shall have been so paid or paid into court as aforesaid, and thereupon, the title to any property so taken shall be vested in fee simple in such city or town.' The record before us does not show when the formal order, as contemplated by that section, was entered by the superior court. We are warranted in assuming that it was entered simultaneously with the making of the payment of the award by the city to the church; that is, on January 16, 1929. In Port of Seattle v. Yesler Estate, 83 Wash. 166, 145 P. 209, we held that under that section, then known as section 7784, Rem. & Bal. Code, title passed to the Port of Seattle at the time it paid the award; it there exercising its eminent domain right as the city exercised it in this eminent domain proceeding under the same statute. Our later decisions in State ex rel. Struntz v. Spokane County, 85 Wash. 187, ...