Free Stipulation - District Court of Federal Claims - federal

Case 1:03-cv-00785-MBH

Document 79

Filed 11/01/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES, ) ) Defendant. ) ______________________________) WARREN BERES, et al.,

No. 03-785L, as Related to MOREL (No. 04-1467L), and BROWN (No. 04-1473L). Honorable Marian Blank Horn

STIPULATION OF ISSUE AND FACTS Plaintiff landowners from the above-referenced consolidated cases in Morel and Brown (collectively "Landowners") and the Defendant, through their respective counsel, hereby submit this stipulation of issue and facts as follows: I. ISSUE 1. Whether the Seattle, Lake Shore & Eastern Railway Co. (the "Railroad") acquired by adverse possession fee simple absolute title or merely an easement in the railroad right way traversing or adjoining Landowners' properties.1/ II. FACTS 2. The railroad right of way was established in approximately 1887 or 1888 through Section 7, Township 24 North, Range 6 East in King County. 3. The properties of Landowners are located in Section 7, Township 24 North, Range 6 East, in King County.

1/

For the purposes of this Stipulation and anticipated motions practice regarding the issue identified herein, only, the parties assume that the Landowners own property adjacent to or traversed by the subject right of way.

Case 1:03-cv-00785-MBH

Document 79

Filed 11/01/2006

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4.

With respect to the location of Landowners' properties, the Land Schedule which the Railroad filed with the Interstate Commerce Commission states that the railroad acquired the interest in that property by adverse possession. No documents have been found to suggest otherwise. Thus, the parties agree that the Railroad acquired its interest in the right of way, either as an easement interest or a fee interest, by adverse possession.2/

III.

CONCLUSION The parties reserve their right to amend this Stipulation as deemed necessary. Because

this is an electronic filing, all counsel of record have authorized the undersigned counsel for the Defendant to file this joint submission on their behalf. Respectfully submitted this 1st day of November, 2006, ACKERSON KAUFFMAN FEX, PC Sue Ellen Wooldridge Assistant Attorney General Environment & Natural Resources Division /s/ Bruce K. Trauben Bruce K. Trauben Kelle Acock Natural Resources Section Environment &Natural Resources Division U.S. Department of Justice P.O. Box 663 Washington, D.C. 20004-0663 Telephone: (202) 305-0238 Facsimile: (202) 305-0267 Attorneys for Defendant, the United States

/s/ Cecilia Fex Cecilia Fex ACKERSON KAUFFMAN FEX, PC 1250 H Street, NW, Suite 850 Washington, DC 20005 Telephone: (202) 833-8833 Facsimile: (202) 833-8831 Counsel for Plaintiffs in Brown

2/

The term "adverse possession" used herein merely describes the method or process by which the Railroad acquired the rights to establish a railroad right of way over private property in the 1800's, rather than the quality or type of interest acquired, which is in dispute. -2-

Case 1:03-cv-00785-MBH

Document 79

Filed 11/01/2006

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GROEN STEPHENS & KLINGE LLP

/s/ John M. Groen John M. Groen, Esq. GROEN STEPHENS & KLINGE LLP 11100 NE 8th Street, Suite 750 Bellevue, WA 98004 Telephone: (425) 453-6206 Facsimile: (425) 453-6224 Counsel for Plaintiffs in Morel

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