Court sides with city over land donation dispute

The ruling and eviction finally puts to rest a multi-year struggle to accept the land as donated in the will of Arthur Kenyon.

The seven-year saga of a two-acre parcel of future park land donated to the city as part of a will finally appears to be coming to a conclusion this week.

King County Court Commissioner Henry H. Judson on Feb. 6 signed an order of unlawful detainer, requiring Karen Jo Dobson to vacate the property – which at this point belongs to the city – as well as pay $610 in court fees and costs as well as those related to the eviction.

King County Sheriff’s deputies served a notice of eviction on Tuesday, requiring Dobson to vacate the property on Lincoln Avenue Northeast at the Renton/Newcastle city lines no later than today, Feb. 13.

The ruling and eviction finally puts to rest a multi-year struggle to accept the land as donated in the will of Arthur Kenyon, who was Dobson’s partner for 25 years prior to his 2008 death.

Dobson, who was named Kenyon’s executor, was granted in the will a five-year period in which she could live on the land rent-free. She had previously refused to leave the house until the city accepted conditions on the land that she said Kenyon wanted, though they were not part of Kenyon’s will.

The city all along has stated that it is following the wishes of the will and has been trying to take control of the parcel to be added to the city’s parklands.

The court agreed, with Judson telling Dobson multiple times, “It’s what he put in the will that counts.”

“You can’t add to what’s in the will,” he continued. “You sign the deed and it’s done. That’s the way it’s supposed to go.”

The whole, somewhat confusing tale began in December 2008 with the death of Kenyon, who lived on the property for decades. Though not married, Kenyon and Dobson were together 25 years. There is a house, a garage and a small shed on the land, which is mostly wooded and overgrown at this point.

In his will, Kenyon wrote: “I specifically give and bequeath unto the City of Renton, my home and property situated in Renton, Washington, for use as a park . . . to be called ‘Kenyon-Dobson Park,’ and that the trees be left standing and the park minimally developed.”

In the next paragraph, he added, “It is my wish that Karen Dobson live in my house expense free for five years after the date of my death, expenses to be paid from my Estate.”

Later in the will, Dobson is named as executor.

Arthur Kenyon died Dec. 11, 2008.

To the city, it was a pretty straight-forward donation and they believed the property became theirs immediately; but because of the five-year time frame granted to Dobson, the city, according to Attorney Garmon Newsome II, who represented Renton in court, opted for the “least confrontational” method and waited until the five years were up.

On Dec. 11, 2013, five years after Kenyon’s death, the city began the process of taking control of the land. At that time, however, Dobson refused to sign over the deed or vacate and said it was her duty as executor to make sure the land was accepted according to what she said were Kenyon’s wishes, despite what the will states.

In 2014, the city began the process of trying to “quiet the title” on the land, meaning that a court would rule on which of multiple claims is legal.

The City Council on April 7, 2014, passed an ordinance officially accepting the property, meeting all conditions of the will.

On Sept. 24, 2014, the city’s motion to “quiet the title” was granted. Dobson, who was served notice of the order in August of that year, made no response and filed no opposition to the motion. She also did not appear in court.

Dobson has since claimed that she was undergoing a dental procedure on that day but also has filed no response or motion to appeal or reconsider the September 2014 court order.

“That order is a final order,” Judson said this past week, adding that Dobson made no attempt to challenge it.

When Dobson again reiterated that the City of Renton was “violating the testator’s intent” regarding the land and that she as executor knew his intent, Judson responded “How do we know this?” and said that as executor, Dobson’s role was to gift the home and the land to the city, as stated in the will, “period.”

“You are adding conditions that don’t appear in the will,” he said.

“That’s true,” Dobson replied, but again said she believes the city should follow the “intent” and that Kenyon charged her with getting those conditions met.

Dobson also told the court that she believes the federal government, the county and the cities of Renton and Newcastle are all “in cahoots.”

“It’s the feds who direct Renton,” she reiterated Monday.

In interviews, Dobson repeatedly stated that she believes the city will use the land to open access to the May Creek corridor, located below the property, and will fill it with fiber optic cables and other “frequency weapons.”

The city presently has no plans to develop the land.

Dobson has also repeatedly accused the city and other governments of poisoning her dogs, poisoning the trees on the land and “stalking” her on the property.

The city denies the accusations.

On Tuesday, deputies served Dobson with an eviction notice. She said this week she was in the process of moving out, though she still worries about the fate of the land.

“I’m just trying to do what Art wants,” she said. “Art deserves to have his legacy done as he lived here.”

Dobson may not be done with it that quickly, however, as she may be liable for clean-up or repairs on the property if it was found to be allowed to “waste” while she was executor, as the executor is usually responsible for upkeep on the land until it is dispersed. Taxes also have not been paid for two years.

Newsome on Tuesday called the whole situation “very unfortunate” and said that the city had no other choice at this point.