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SEAL v. NACHES-SELAH IRRIG. DIST.

No. 8290-3-III.

51 Wn. App. 1 (1988)

751 P.2d 873

GERALD E. SEAL, ET AL, Appellants, v. NACHES-SELAH IRRIGATION DISTRICT, Respondent.

The Court of Appeals of Washington, Division Three.

March 31, 1988.

Attorney(s) appearing for the Case

Donald Bundy, for appellants.

James Scott and Smith, Scott & Mazzola, for respondent.

GREEN, J.

Gerald and Jean Seal commenced this action against the Naches-Selah Irrigation District alleging that seepage from its irrigation canal across their property damaged their cherry orchard. They based their claim on several theories: negligence, trespass, nuisance, and an unconstitutional taking of their property. Only the negligence theory was presented to the jury. The Seals were awarded a net judgment of $2,310, representing a gross verdict of $46,200,...

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