Wash. Court of Appeals published opinion — 361896_pub.pdf

Citation: Wash. Court of Appeals published opinion — 361896_pub.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/361896_pub.pdf ↗

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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE

BORTON & SONS, INC., a Washington )
State corporation, ) No. 36189-6-III
)
Appellant, )
)
v. )
) PUBLISHED OPINION
BURBANK PROPERTIES, LLC, a )
Washington State limited liability )
company, )
)
Respondent. )

KORSMO, J. — Equity will permit an option to purchase property to be exercised

late in order to avoid a forfeiture when significant improvements have been made to the

property. The trial court ruled that respondent Burbank Properties satisfied this condition

and allowed the option to be exercised a mere eight days late. We disagree and reverse.

FACTS

Burbank farmed approximately 164 acres it owned in Walla Walla County

adjacent to orchards owned by appellant Borton & Sons. Burbank, whose sole owner is

Eric Rogers, purchased the property in 2012 after having leased the land for farming

since 2000. Burbank used the land to grow early season potatoes. Potatoes deplete the

soil of nutrients and are subject to diseases that require strict crop rotation. Potatoes are
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 36189-6-III
Borton & Sons, Inc. v. Burbank Prop., LLC

grown one year and then the land is given over to other crops for at least one to two

years. Historically, Burbank had followed one year of potato planting with two years of

grass or hay planting.

After years of depressed potato prices, Burbank faced financial difficulties that

threatened its operation. A settlement with one of its lenders required Burbank to sell the

potato farm land. However, Burbank’s early season potato contracts were a significant

component of its operations. Accordingly, it settled on a plan to sell the land at a reduced