Agenda

Webinar instructions will be emailed before the date of the webinar.
Please log into the webinar 15 – 30 minutes before start time.

Friday, August 25, 2023
9:00 am – 4:30 pm PDT


Resolving Boundary Disputes

Presented by: Andrew M. McKenzie

  • Types of boundary disputes
  • Adverse possession, easements, boundaries
  • Obtaining and reviewing boundary evidence
  • Methods for establishing disputed boundaries
  • Participating in dispute resolution techniques
  • Litigation, arbitration, mediation, agreements, title insurance
  • Examining boundary dispute case studies: exploring techniques for resolving sample disputes

Identifying, Classifying and Locating Private Easements
Presented by: James Garlant

  • What is and is not an easement
  • Reviewing Washington law on easements
  • Identifying types of easements
  • Creating easements
  • Maintaining easements
  • Knowing when and how to terminate easements
  • Obstructing use of easements and determining remedies for obstruction

Defining Trespass and Adverse Possession
Presented by: Dave Bricklin

  • Defining trespass
  • Reviewing the history of adverse possession in Washington
  • Maintaining a claim for adverse possession
  • Statute of limitations
  • Elements of a claim
  • Defending against a claim for adverse possession
  • Examining recent eminent domain cases

Understanding Access to Surface Water
Presented by: Bob Carmichael

  • Historic water law and the prior appropriations doctrine
  • Elements of a water right 
  • Water right permitting procedure 
  • Exempt wells

Understanding Groundwater Rights
Presented by: Catherine Moore

  • Special kinds of water rights 
  • Loss of water rights 
  • Transferring and changing water rights 
  • Finding water for your project


Webinar Instructions

All attendees must log-on through their own email – attendees may not watch together if they wish to earn continuing education credit. HalfMoon Education Inc. must be able to prove attendance if either the attendee or HalfMoon Education Inc. is audited.

Certificates of completion can be downloaded in PDF form upon passing a short quiz. A link to the quiz will be sent to each qualifying attendee immediately after the webinar. The certificate can be downloaded from the Results page of the quiz upon scoring 80% or higher.

Webinars are presented via GoToWebinar, an easy-to-use application that can be run on most systems and tablets. Instructions and login information will be provided in an email sent close to the date of the webinar. It is highly recommended that you download, install and test the application before the webinar begins by clicking on the link in the email.

GoToWebinar App requirements:
Windows 7 – 10 or Mac OSX Mavericks (10.9) – macOS Catalina (10.15)

Web Browser:
The two most recent version of the following browsers:
Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Edge
Internet Explorer v11 (or later) with Flash enabled

Internet connection: Minimum of 1Mbps       Hardware: 2GB RAM or more

For more information, visit the Support section at www.gotowebinar.com

Credits

Professional Engineers
6.0-Hour Learning Opportunity

Land Surveyors
6.0 PDHs

Attorneys
6.25 MCLE Hours


Continuing Education Credit Information

This webinar is open to the public and is designed to qualify for up to 6.0 PDHs for professional land surveyors in Washington. The webinar also offers a 6.0-hour learning opportunity to professional engineers licensed in Washington.

This webinar (live format only) has been approved for 6.25 credits of Law & Legal Procedure credit by the Washington State Bar Association MCLE Board. 

Attendance will be monitored, and attendance certificates will be available after the webinar for those who attend the entire course and score a minimum 80% on the quiz that follows the course (multiple attempts allowed). 

On-Demand Credits

The preceding credit information only applies to the live presentation. This course in an on-demand format may not be eligible for the same credits as the live presentation; please consult your licensing board(s) to ensure that a structured, asynchronous learning format is appropriate.

Speakers

Dave Bricklin

Bricklin & Newman, LLP

Mr. Bricklin has extensive litigation experience representing environmental groups, individuals, municipalities, and Tribes in a wide variety of environmental and land use matters. He has argued the Methow Valley case in the United States Supreme Court and has made frequent appearances before the Growth Management Hearings Boards, Shorelines Hearings Board, and other judicial and administrative tribunals. Mr. Bricklin provides consultation services to municipalities in the development of land use regulations and comprehensive plans and defending municipalities when challenged by dissatisfied land use applicants. He assists environmental organizations in drafting legislation. Mr. Bricklin co-authored Model Toxics Control Act (State Superfund law) and Initiative 547 (precursor to Growth Management Act). Mr. Bricklin is the past president of Washington Environmental Council and past co-chair of Washington Conservation Voters. He is a founding member/board member, Futurewise (formerly 1000 Friends of Washington) (1991-2021). Mr. Bricklin formed Bricklin & Gendler partnership with emphasis on environmental and land use law in 1982 and formed Bricklin Newman Dold partnership in 2002. He is a frequent lecturer at continuing legal education seminars, including a presentation on land use law to the Washington State Appellate Judicial Conference.

Bob Carmichael

Carmichael Clark PS

Mr. Carmichael practices in land use planning and permitting, water law, municipal law, and real estate. He represents property owners, businesses, water and sewer districts, and municipalities on land use, water, real estate, and environmental issues. Mr. Carmichael is an experienced and creative problem solver, effective in litigation, and has a strong record of success in helping clients reach their objectives. He helps clients with transactions and in matters before city and county governments, hearing examiners, state boards, and in court. Mr. Carmichael joined the Whatcom County Prosecutor’s Office in 1984 where he served as a Senior Deputy Prosecuting Attorney in both the criminal and civil divisions, before joining Simonarson, Visser, Zender, & Thurston (a predecessor to Carmichael Clark) in 1992.

James Garlant

Foster Garvey

Mr. Garlant represents municipal, regional, and private clients in litigation proceedings involving diverse issues including contract disputes, condemnation, and matters of municipal code interpretation. He advises clients on land use, real estate, and environmental matters, providing transactional assistance related to contract drafting and due diligence review. Mr. Garlant assists clients in obtaining land use entitlements and other permits. He also has experience litigating federal natural resource matters, including disputes arising under the National Environmental Policy Act, the federal Endangered Species Act, and the National Forest Management Act. Mr. Garlant uses both science and the law to effectively advocate for comprehensive solutions for clients.

Andrew M. McKenzie

Beresford Booth

Mr. McKenzie is an experienced real estate and commercial litigator, assisting small businesses, individuals, and large institutional clients in Washington and California with a wide variety of litigation involving, inter alia, lien priorities, boundary disputes, real estate fraud, quiet title, easements, title insurance, adverse possession, construction defects, probate litigation and administration, and general business litigation. His Washington practice is geographically concentrated in Snohomish, King, Pierce, and Kitsap counties. As a licensed real estate broker in both Washington and California, Andrew is familiar with real estate transactions and disputes surrounding broker and escrow duties. Andrew has successfully won and defended against claims of up to $9M. He takes a pragmatic approach to all matters, recognizing that both litigation and settlement efforts must be tailored to both the facts and the amount in controversy. Before joining the firm in 2018, Andrew worked in the commercial litigation group of an AmLaw 100 firm. Outside of work, Andrew enjoys playing piano, singing, hiking, traveling abroad, and spending time with his large family. He has sung professionally and performed at Benaroya Hall in Seattle.

 

Catherine Moore

Carmichael Clark PS

Catherine has been practicing in the areas of land use and real estate, municipal law, and water law since 2016. She advises cities, special purpose districts, developers, and individuals mostly in and around Whatcom, Skagit, San Juan, and Island Counties.