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PRICE v. CITY OF SEATTLE

No. 46013-7-I.

24 P.3d 1098 (2001)

106 Wash.App. 647

Richard PRICE, as personal representative of the ESTATE OF William J. PRICE; Gregory Petersen and Teresa Petersen, husband and wife, Plaintiffs, v. The CITY OF SEATTLE, a municipal corporation, Defendant. William J. Burg and Kay Burg, husband and wife; James J. Heil and Robin A. Hartnagel, husband and wife; Appellants, v. Elizabeth Parke, a single woman; The Leo and Elizabeth Silverman Family Trust, a Washington trust, Defendants, v. The City of Seattle, a municipal corporation, Respondent.

Court of Appeals of Washington, Division 1.

June 11, 2001.

Attorney(s) appearing for the Case

Karen A. Willie, Oskar E. Rey, Law Office of Karen A. Willie, Seattle, for Appellants.

Michael Rosenberger, Thomas Sean Sheehan, Asst. City Attorney, Seattle, for Respondents.

BECKER, A.C.J.

After unusually heavy rainfall, homes on Perkins Lane on Magnolia Bluff in Seattle were damaged by land sliding from an upper slope. In this lawsuit, the residents seek to hold the upland owner liable for failing to take preventive measures. Because there is no evidence that alterations on the upland property heightened the natural vulnerability of the bluff to groundwater pressure, the trial court correctly concluded the action failed for lack of a...

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