WA – Clark County v David Darby – Motion for summary judgment

Clark County Superior Court case No. 12-2-03432-3

PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT AUTHORIZING
FORECLOSURE SALE OF TAX PARCEL
264614000 PURSUANT TO RCW 84.64.050

In attempting to avoid real property taxes and foreclosure, it is anticipated that Mr. Darby will attempt to raise a multitude of frivolous constitutional claims challenging the validity of the Washington State Constitution and Washington State law governing real property taxes.’ Based upon the unsupported nature of these anticipated claims, the posture of this case requires theroutine application of the foreclosure statute CRCW 84.64.050) to the undisputed fact that Mr.Darby has not paid any real property taxes on his property for more than three years. The application of the foreclosure statute to this undisputed material fact should be decided as a matter of law through summary judgment and is not appropriate for determination by a jury, as there are no material facts in dispute.

[1] Mr. Darby has sent frequent correspondence to Clark County regarding this matter wherein he claims that he is a “sovereign citizen” and consequently is not subject to taxation under Washington State law. This position appears to be based in part upon his mistaken and unshakable belief that the operative Washington State Constitution is invalid and/or that Washington statutes governing taxation are unconstitutional. It is important to note that Mr. Darby has not identified any relevant legal authority or coherent legal argument to support his position.