City of Olympia v. Palzer, No. 7475-3-II

CourtCourt of Appeals of Washington
Writing for the CourtWORSWICK
Citation713 P.2d 1125,42 Wn.App. 751
Docket NumberNo. 7475-3-II
Decision Date05 February 1986
PartiesCITY OF OLYMPIA, a municipal corporation, Respondent, v. Chris PALZER and Cathy Palzer, husband and wife; Olympic Properties, Ltd., a limited partnership; Bertil A. Granberg and Jane Granberg, as general partners of Olympic Properties, Ltd., Appellants, and Thurston County, a political subdivision of the State of Washington and Harris G. Hunter, in his capacity as Thurston County Treasurer, Defendants, and Evergreen Park Homeowners Association, Respondent.

Page 751

42 Wn.App. 751
713 P.2d 1125
CITY OF OLYMPIA, a municipal corporation, Respondent,
v.
Chris PALZER and Cathy Palzer, husband and wife; Olympic
Properties, Ltd., a limited partnership; Bertil
A. Granberg and Jane Granberg, as
general partners of Olympic
Properties, Ltd., Appellants,
and
Thurston County, a political subdivision of the State of
Washington and Harris G. Hunter, in his capacity
as Thurston County Treasurer, Defendants,
and
Evergreen Park Homeowners Association, Respondent.
No. 7475-3-II.
Court of Appeals of Washington,
Division 2.
Feb. 5, 1986.

Chris Palzer, Federal Way, pro se.

Bertil A. Granberg, Seattle, pro se.

Page 752

Mark O. Erickson, City Atty., Olympia, for respondent.

[713 P.2d 1126] WORSWICK, Chief Judge.

We are asked to decide: (1) whether property sold at a tax sale passes to the buyer free of restraints on ownership imposed by a city ordinance; and (2) whether such a tax sale invalidates use restrictions on the land imposed both by a city ordinance and by restrictive covenants. We hold invalid those portions of the ordinance purporting to restrict ownership and to impose use restrictions in perpetuity. We hold valid the use restrictions imposed by the restrictive covenants.

In 1969, Evergreen Park Homeowners Association, a land developer, established a planned unit development in Olympia by filing a plat and otherwise complying with the City's general ordinances on the subject. The plat contained restrictive covenants which, among other things, reserved tracts A through D as greenbelt open space.

Several years later, Evergreen Park asked the City to rezone the PUD to allow a shopping center. The City obliged by enacting Ordinance No. 3776. It contained the following provision:

[Tracts A through D are to] be maintained in perpetuity as natural landscaped open area, owned by a property owners' association, municipal or state body, or by present property owners .... 1

(Italics ours.)

Evergreen Park failed to pay the 1976 property taxes on Tracts A and D. The Thurston County treasurer foreclosed on the tracts, and in 1982 put them up for sale at public auction. Chris and Cathy Palzer were high bidders. The City asserted that Ordinance 3776 prohibited the treasurer from selling the tracts to anyone not qualified to be owner as defined in the ordinance. The treasurer disagreed, and

Page 753

completed the sale to the Palzers.

The Palzers later sold the tracts to a limited partnership, Olympic Properties, Ltd. The City then sued the Palzers and Olympic in Thurston County Superior Court, seeking rescission of both the tax sale and the Palzers' sale to Olympic. The Evergreen Park Homeowners Association intervened on the side of the City.

Both sides moved for summary judgment. The trial court upheld the tax sale to the Palzers, holding that city ordinances could not restrict county tax sales. 2 The court went on, however, to rescind the Palzers' sale to Olympic, holding that Ordinance 3776 bound everyone except the county treasurer, and that the use restrictions in both the ordinance and the covenants continued to apply. The Palzers and Olympic appeal.

We agree with their first contention, that the restrictions on ownership imposed by the ordinance were invalidated by the tax sale. RCW 84.64 creates a comprehensive...

To continue reading

Request your trial
3 practice notes
  • Henderson Homes, Inc. v. City of Bothell, No. 59696-4
    • United States
    • United States State Supreme Court of Washington
    • 21 Julio 1994
    ...is well established. Breuer v. Fourre, 76 Wash.2d 582, 585, 458 P.2d 168 (1969); Olympia v. Palzer, 42 Wash.App. 751, 754 n. 3, 713 P.2d 1125, aff'd, 107 Wash.2d 225, 728 P.2d 135 (1986). Through the amendment of RCW 82.02.020, the Legislature provided alternative ways to meet the impact of......
  • City of Olympia v. Palzer, No. 52684-2
    • United States
    • United States State Supreme Court of Washington
    • 13 Noviembre 1986
    ...and the Court of Appeals held that the restrictive covenants were not extinguished by the tax sale. Olympia v. Palzer, 42 Wash.App. 751, 713 P.2d 1125 (1986). We Evergreen Park, an integrated residential-commercial PUD, was initially approved in 1969. It contains a greenbelt [728 P.2d 136] ......
  • Meridian Minerals Co. v. King County, No. 10322-6-III
    • United States
    • Court of Appeals of Washington
    • 7 Mayo 1991
    ...to which land is devoted or may be devoted." KCC 21.04.910. 16 BNRR cites a footnote in Olympia v. Palzer, 42 Wash.App. 751, 754 n. 3, 713 P.2d 1125, aff'd, 107 Wash.2d 225, 728 P.2d 135 (1986) which states: "Our research has failed to disclose a single case within the 50 states in which a ......
3 cases
  • Henderson Homes, Inc. v. City of Bothell, No. 59696-4
    • United States
    • United States State Supreme Court of Washington
    • 21 Julio 1994
    ...is well established. Breuer v. Fourre, 76 Wash.2d 582, 585, 458 P.2d 168 (1969); Olympia v. Palzer, 42 Wash.App. 751, 754 n. 3, 713 P.2d 1125, aff'd, 107 Wash.2d 225, 728 P.2d 135 (1986). Through the amendment of RCW 82.02.020, the Legislature provided alternative ways to meet the impact of......
  • City of Olympia v. Palzer, No. 52684-2
    • United States
    • United States State Supreme Court of Washington
    • 13 Noviembre 1986
    ...and the Court of Appeals held that the restrictive covenants were not extinguished by the tax sale. Olympia v. Palzer, 42 Wash.App. 751, 713 P.2d 1125 (1986). We Evergreen Park, an integrated residential-commercial PUD, was initially approved in 1969. It contains a greenbelt [728 P.2d 136] ......
  • Meridian Minerals Co. v. King County, No. 10322-6-III
    • United States
    • Court of Appeals of Washington
    • 7 Mayo 1991
    ...to which land is devoted or may be devoted." KCC 21.04.910. 16 BNRR cites a footnote in Olympia v. Palzer, 42 Wash.App. 751, 754 n. 3, 713 P.2d 1125, aff'd, 107 Wash.2d 225, 728 P.2d 135 (1986) which states: "Our research has failed to disclose a single case within the 50 states in which a ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT