FRADKIN v. NORTHSHORE UTILITY DIST.

No. 42172-7-I.

977 P.2d 1265 (1999)

Frank FRADKIN, Appellant, v. NORTHSHORE UTILITY DISTRICT, Formally known as Northeast Lake Washington Sewer And Water District, a municipal corporation organized under the laws of the State of Washington, Respondent.

Court of Appeals of Washington, Division 1.

June 14, 1999.


Attorney(s) appearing for the Case

Rand L. Koler, Kevin Thornton Ireland, Koler, Rosen & Fitzsimmons, P.S., Seattle, for Appellant.

Matthew R. Hendricks, Hendricks & Hendricks, Edmonds, for Respondent.


BECKER, J.

If a condition causing damage to land is reasonably abatable, the statute of limitations does not bar an action for continuing trespass. So long as the intrusion continues, the statute of limitation serves only to limit damages to those incurred in the three-year period before the suit was filed. Here, reasonable steps are available to abate a continuing drainage problem on appellant's property caused by a utility...

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