Robert Brachtenbach
Encyclopedia
Robert Francis Brachtenbach (January 1931 – May 2, 2008) was an American
politician and jurist from the state of Washington.
. His parents moved the family to Goldendale
, then to the southeast of Yakima
, when he was a young child. He started working at the age of 10 by working in the fields during harvest time. During his teenage years, he stocked grocery shelves.
Brachtenbach dropped out of Yakima High School (now Davis High School) in the mid-1940s to work full-time at the grocery store. At the urging of friends and family, he was persuaded to return to school. He attended Yakima Valley College, then the University of Washington
, where he earned his law degree.
.
In 1962, Brachtenbach decided to run for the Washington House of Representatives
at the urging of his friend, Alex Deccio, a longtime state senator. He won the election and later served as a Republican floor leader. He did not seek re-election in 1966, opting instead to return to the full-time practice of law.
to the state Supreme Court. He accepted the appointment after rejecting previous offers for lower positions. He also served a two-year stint as chief justice.
Brachtenbach served on the court for 22 years until his 1994 retirement, making his one of the longest serving justices in Washington state history. He was one of only five Yakima Valley
residents to serve on the Washington Supreme Court.
Brachtenbach, while sitting as a Washington State Supreme Court Justice, wrote the opinion for Brown v. Voss, 105 Wash.2d 366, 715 P.2d 514 (1986). The issue in Voss was: to what extent can the owner of a private road easement traverse the servient estate to not only reach the dominant estate, but a parcel (subsequently acquired by the dominant estate owner) adjacent to the dominant estate when such usage does not increase the burden on the servient estate? While Brachtenbach stated the general rule that an easement appurtenant to one parcel of land may not be extended by the owner of the dominant estate to an additional non-dominant parcel owned by the owner of the dominant estate regardless of whether the additional parcel is adjacent to the dominant estate, and further declared that if an easement appurtenant serves a particular parcel of land, any extension of the easement is a misuse of the easement—Brachtenbach still ultimately allowed the owner of the dominant estate to continue using the easement to access the additional, non-dominant estate because a grant of injunctive relief would be inappropriate in light of the circumstances. In short, Brachtenbach essentially found in favor of the Plaintiff by not granting the defendant injunctive relief (i.e. preventing the owner of the dominant estate to continue to use the easement to access the adjacent non-dominant estate) although the plaintiff unlawfully extended the easement. Brachtenbach rationalized that a grant of injunctive relief under the circumstances would be inappropriate and against the principles of equity because (while no additional harm to the servient estate resulted from the extension of the easement) if injunctive relief was in fact given to the defendant, it would only serve to harm the plaintiff while not providing any benefit or protection to the defendant.
before moving to Burns
, Oregon
.
Brachtenbach died on May 2, 2008 at his home in Cottage Grove
, Oregon
. He was 77 and had fought a long battle with throat cancer.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
politician and jurist from the state of Washington.
Early life and education
Brachtenbach was born in Sydney, NebraskaNebraska
Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....
. His parents moved the family to Goldendale
Goldendale, Washington
Goldendale is a rural agricultural town in and the county seat of Klickitat County, Washington, United States, near the Columbia River Gorge. The population within city limits was 3,760 at the 2000 census and 3,407, a 9.4% decrease at the 2010 census. A nationally known point of interest is north...
, then to the southeast of Yakima
Yakima, Washington
Yakima is an American city southeast of Mount Rainier National Park and the county seat of Yakima County, Washington, United States, and the eighth largest city by population in the state itself. As of the 2010 census, the city had a total population of 91,196 and a metropolitan population of...
, when he was a young child. He started working at the age of 10 by working in the fields during harvest time. During his teenage years, he stocked grocery shelves.
Brachtenbach dropped out of Yakima High School (now Davis High School) in the mid-1940s to work full-time at the grocery store. At the urging of friends and family, he was persuaded to return to school. He attended Yakima Valley College, then the University of Washington
University of Washington
University of Washington is a public research university, founded in 1861 in Seattle, Washington, United States. The UW is the largest university in the Northwest and the oldest public university on the West Coast. The university has three campuses, with its largest campus in the University...
, where he earned his law degree.
Political career
After earning his law degree, Brachtenbach opened a law practice in SelahSelah, Washington
Selah is a city in Yakima County, Washington, United States. The population was 7,147 at the 2010 census.-History:Selah was officially incorporated on April 3, 1919. The government is a Strong Mayor/Council form. The Tree Top apple processor co-operative has its headquarters and two processing...
.
In 1962, Brachtenbach decided to run for the Washington House of Representatives
Washington House of Representatives
The Washington House of Representatives is the lower house of the Washington State Legislature, the legislature of the U.S. State of Washington. It is composed of 98 Representatives from 49 districts, each of which elects two members. All members of the House are elected to a two-year term without...
at the urging of his friend, Alex Deccio, a longtime state senator. He won the election and later served as a Republican floor leader. He did not seek re-election in 1966, opting instead to return to the full-time practice of law.
Washington Supreme Court
In 1972, Brachtenbach was appointed by Governor Daniel J. EvansDaniel J. Evans
Daniel Jackson Evans served three terms as the 16th Governor of the state of Washington from 1965 to 1977, and represented the state in the United States Senate from 1983 to 1989....
to the state Supreme Court. He accepted the appointment after rejecting previous offers for lower positions. He also served a two-year stint as chief justice.
Brachtenbach served on the court for 22 years until his 1994 retirement, making his one of the longest serving justices in Washington state history. He was one of only five Yakima Valley
Yakima Valley
Yakima Valley may refer to:*Yakima River Valley in southeastern Washington*Yakima Valley AVA...
residents to serve on the Washington Supreme Court.
Famous Opinions
Robert Brachtenbach was the majority opinion, in the famous WSPPS case. He ruled that the power authority did not have the right to issue stock, so that all the people who invested in the power company were not owed any money by the system.Brachtenbach, while sitting as a Washington State Supreme Court Justice, wrote the opinion for Brown v. Voss, 105 Wash.2d 366, 715 P.2d 514 (1986). The issue in Voss was: to what extent can the owner of a private road easement traverse the servient estate to not only reach the dominant estate, but a parcel (subsequently acquired by the dominant estate owner) adjacent to the dominant estate when such usage does not increase the burden on the servient estate? While Brachtenbach stated the general rule that an easement appurtenant to one parcel of land may not be extended by the owner of the dominant estate to an additional non-dominant parcel owned by the owner of the dominant estate regardless of whether the additional parcel is adjacent to the dominant estate, and further declared that if an easement appurtenant serves a particular parcel of land, any extension of the easement is a misuse of the easement—Brachtenbach still ultimately allowed the owner of the dominant estate to continue using the easement to access the additional, non-dominant estate because a grant of injunctive relief would be inappropriate in light of the circumstances. In short, Brachtenbach essentially found in favor of the Plaintiff by not granting the defendant injunctive relief (i.e. preventing the owner of the dominant estate to continue to use the easement to access the adjacent non-dominant estate) although the plaintiff unlawfully extended the easement. Brachtenbach rationalized that a grant of injunctive relief under the circumstances would be inappropriate and against the principles of equity because (while no additional harm to the servient estate resulted from the extension of the easement) if injunctive relief was in fact given to the defendant, it would only serve to harm the plaintiff while not providing any benefit or protection to the defendant.
Retirement and Death
Brachtenbach retired from the bench in 1994 and returned to his home near AberdeenAberdeen, Washington
Aberdeen is a city in Grays Harbor County, Washington, United States, founded by Samuel Benn in 1884. Aberdeen was incorporated on May 12, 1890. The city is the economic center of Grays Harbor County, bordering the cities of Hoquiam and Cosmopolis...
before moving to Burns
Burns, Oregon
Burns is a city in and the county seat of Harney County, Oregon, United States. As of the 2010 census the population was 2,806.-History:Burns was established in the early 1880s and incorporated upon Harney county's creation in 1889...
, Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
.
Brachtenbach died on May 2, 2008 at his home in Cottage Grove
Cottage Grove, Oregon
Cottage Grove is a city in Lane County, Oregon, United States. It received its name from its first postmaster, G. C. Pierce, in September 1861. Pierce's home at the time was in an oak grove. The population was 9,686 at the 2010 census.-History:...
, Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
. He was 77 and had fought a long battle with throat cancer.
External links
- Former state Supreme Court justice Brachtenbach dies - Obituary from the Yakima Herald-RepublicYakima Herald-RepublicThe Yakima Herald-Republic is a newspaper published in Yakima, Washington and distributed throughout Yakima, Kittitas and Klickitat counties as well as northwest Benton County. It is Washington state's seventh largest daily newspaper. The newspaper traces its roots to the late 19th...