Fowler v. Washington State Department of Retirement Systems (Division 2, March 13, 2012). — The plaintiffs are representatives for a class of teachers who are members of the Teachers Retirement System (“TRS”) that is administered by the Department of Retirement Systems (“DRS”). In this review of agency action, the Court held that while the DRS has the statutorily delegated authority to determine how interest is earned for TRS members, the DRS failed to employ “due consideration” when it adopted a quarterly interest calculation and therefore acted in an arbitrary and capricious manner.
Nickell v. Southview Homeowners Association (Division 2, March 13, 2012) (previously unpublished). — The plaintiffs claimed that they had acquired title to an 18-foot-wide strip of land between their property and the defendant HOA’s property. The trial court granted summary judgment in favor of the HOA, holding that the plaintiffs’ “silence” worked to estop the plaintiffs from obtaining title through adverse possession. The Court of Appeals disagreed and therefore reversed and remanded. The Court of Appeals held that the plaintiffs satisfied the four requirements of adverse possession: (1) exclusive, (2) actual and uninterrupted, (3) open and notorious, and (4) hostile. Moreover, the Court held that the defendants had not sufficiently established the elements of equitable estoppel to support a grant of summary judgment.