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PHILLIPS v. KING COUNTY

No. 66236-3.

968 P.2d 871 (1998)

136 Wash.2d 946

Lonnie C. PHILLIPS and Gloria J. Phillips, husband and wife, Respondents, v. KING COUNTY, a municipal corporation, Petitioner, Lozier Homes, Inc., a Washington corporation, Respondent.

Supreme Court of Washington, En Banc.

Decided December 24, 1998.

Attorney(s) appearing for the Case

Timothy Michael Durkin, Evans, Craven & Lackie, Lisette F. Carter, Spokane, Amicus Curiae on behalf of Spokane County.

Karen A. Willie, on behalf of Washington Association of Municipal Attorneys, Association of Washington Cities, and the Cities of Tacoma, Everett, and Anacortes, amici curiae.

Bricklin & Gendler, Seattle, Amicus Curiae on behalf of Washington Environmental Council.

Norm Maleng, King County Prosecutor, Cassandra Newell, H. Kevin Wright, King County Prosecuting Deputies, Seattle, for Petitioner.

Law Offices of J. Richard Aramburu, John Richard Aramburu, Hillis, Clark, Martin & Peterson, Lynne Michele Cohee, Seattle, for Respondents.

GUY, J.

This case involves review of an inverse condemnation cause of action brought by landowners against developers of neighboring property and King County for damages caused by surface waters which allegedly inundated their property. The question before us involves the possible basis for liability on the part of the County.

FACTS

Plaintiffs in the action below, Lonnie and Gloria Phillips (hereafter Phillips), own five acres of property on the...

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