WILBER v. WESTERN PROPERTIES

Nos. 1237-2; 1265-2.

14 Wn. App. 169 (1975)

540 P.2d 470

DARRELL H. WILBER, ET AL, Respondents, v. WESTERN PROPERTIES, ET AL, Appellants, THE CITY OF TACOMA, ET AL, Respondents.

The Court of Appeals of Washington, Division Two.

August 14, 1975.


Attorney(s) appearing for the Case

James M. Lindsey, Jr. (of Merrick, Hofstedt & Lindsey) and Frederick B. Hayes (of Rush & Hayes), for appellants.

Warren J. Daheim (of Gordon, Thomas, Honeywell, Malanca, Peterson, O'Hern & Johnson), William R. Hickman (of Reed, McClure, Moceri & Thonn), and William G. Boland, Assistant Attorney General, for respondents.


PETRIE, J.

In March 1972, Darrell Wilber's two apartment buildings in Tacoma sustained severe flood damage. He filed a complaint for damages (1) against his downhill neighbor, Western, alleging it had impeded the natural course and flow of storm waters by replacing an open ditch with a narrow pipe, and (2) against the City of Tacoma (also Pierce County and Washington State) alleging that it had improperly designed, constructed...

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