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BORDEN v. CITY OF OLYMPIA

No. 27029-3-II.

53 P.3d 1020 (2002)

113 Wash.App. 359

Henry J. & Loretta M. BORDEN, Appellants, v. CITY OF OLYMPIA, Respondent.

Court of Appeals of Washington, Division 2.

September 13, 2002.

Attorney(s) appearing for the Case

Robert Hundley Raymond, Olympia, WA, for Appellant.

William Dale Kamerrer, Law Lyman Daniel Kamerrer, Olympia, WA, for Respondent.

MORGAN, J.

Henry and Loretta Borden sued the City of Olympia because their property flooded. They alleged inverse condemnation, trespass, nuisance, negligence, and waste under RCW 4.24.630. The trial court granted summary judgment to the City. Taking the facts and inferences in the light most favorable to the Bordens,1 we reverse in part and affirm in part.

In 1980, the Bordens bought four acres, the east half of which was improved...

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