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SNOHOMISH COUNTY v. POSTEMA

No. 41300-7-I.

978 P.2d 1101 (1998)

95 Wash.App. 817

SNOHOMISH COUNTY, Plaintiff, David Smith, Appellant, v. John and Maryke POSTEMA, husband and wife, and their marital community; Respondents, Nancy and John Doe Harris, wife and husband, and their marital community, Defendants.

Court of Appeals of Washington, Division 1.

Publication Ordered June 4, 1999.

Attorney(s) appearing for the Case

David Scott Mann, Seattle, for Appellant(s).

Gordon W. Sivley, Snohomish County Prosecutor's Office, Everett, for Plaintiff(s).

Martin H. Robinett, Robinett & Holland P.S., Everett, Sean P. Holland, Robinett & Holland, Seattle, for Respondent(s).

GROSSE, J.

The trial court's decision to dismiss David Smith's claims for trespass and nuisance against John and Maryke Postema is reversed and this case is remanded for trial. There are material questions of fact relative to the application of "the common enemy doctrine" to this action for damages caused by clearing and draining a wetland.

John and Maryke Postema own a Washington corporation doing business as Flower World in Snohomish County. In 1990, they...

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