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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rate, farm the land on lease terms during the interim, and repurchase the property at a

reasonable sum. In essence, the land was being used to secure a short-term loan.

An appraisal valued the land at $1,875,000 and Burbank offered the land for sale

for $300,000 less. The following day, desiring to purchase the land that bordered its

apple orchards, Borton offered $1,550,000 for the land. The parties rapidly reached an

agreement that included the following terms relevant to this appeal: Burbank could

repurchase the land for $1,800,000 by December 31, 2018; Burbank had to exercise its

repurchase option prior to December 31, 2017, by sending notice to Borton by certified or

registered mail; Burbank would lease and farm the land during 2016, 2017, and 2018 at

an annual rent of $78,775. Borton required the one year notice because it needed to order

trees for its orchard one year in advance of its need for the trees.

In 2017, Burbank harvested a potato crop and thereafter planted Timothy hay that

it expected to harvest in 2018 and 2019. At least twice during 2017, Burbank advised

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

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

Borton representatives that it intended to exercise the repurchase option. On December

28, 2017, Eric Rogers prepared a written notice to Borton that Burbank would exercise its

offer to repurchase the land. However, he did not mail the notice until January 4, 2018,

and sent it by regular mail instead of by registered mail. Borton received the notice

January 8, 2018. Believing the notice ineffectual, Borton wrote Burbank and demanded

that it sign a notice that the option was terminated. Burbank responded that it had