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BODIN v. CITY OF STANWOOD

No. 63498-0.

927 P.2d 240 (1996)

130 Wash.2d 726

Nels and Clarice BODIN; Mark Eikeland and Peggy Swendsen; David and Roberta Eldridge; Chuck Hazelton and Ellen Lowell; Donna Kish; Bob and Kathy Klingenberg; Florence Klingenberg; Kris Nygard; Donald and Virginia Pedersen; Gary and Eva Pedersen; Bob and Elaine Sedy; Clinton Strong; Ron and Cindy Taggart-Diffinbaugh, Petitioners, v. The CITY OF STANWOOD, a municipal corporation, Respondent.

Supreme Court of Washington, En Banc.

Decided December 5, 1996.

Reconsideration Denied February 20, 1997.

Attorney(s) appearing for the Case

Harbaugh & Bloom, Gary N. Bloom, Spokane, Debra L. Stephens, Bryan P. Harnetiaux, Spokane, for amicus curiae on behalf of Washington State Trial Lawyers Association.

Law Office of Anderson Hunter, Julian C. Dewell, Everett, for Petitioners.

Williams, Kastner & Gibbs, Margaret A. Sundberg, Seattle, Smith & Hansen, Joel E. Smith, Bellevue, for Respondent.

MADSEN, Justice.

In November 1990, flood waters twice overflowed the Stillaguamish River and overtopped dikes surrounding the City of Stanwood's sewage treatment lagoon, resulting in floodwaters and sewage flowing out of the lagoon and onto adjacent property owned or rented by plaintiffs. Plaintiffs sued the City, asserting a number of claims, including claims that the City negligently allowed the lagoon to overflow, and...

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