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DICKGIESER v. STATE

No. 28730-7-II.

76 P.3d 288 (2003)

118 Wash.App. 442

James D. DICKGIESER, a single man; Milo A. Dickgieser and Joan M. Dickgieser, husband and wife; and Sherrie M. Shold, a married woman, Appellants, v. STATE of Washington, Respondent.

Court of Appeals of Washington, Division 2.

September 16, 2003.

Attorney(s) appearing for the Case

Jay Allan Goldstein, Olympia, WA, for Appellant.

Mark Conlin Jobson, Olympia, WA, for Respondent.

ARMSTRONG, J.

The Dickgiesers1 appeal a summary judgment dismissal of their inverse condemnation claim against the Department of Natural Resources for flood damage to the Dickgiesers' property. A stream runs through the parties' adjoining land. After the Department logged its land, the stream overflowed its banks during heavy rains, flooding the Dickgiesers' land. The principal issue on appeal is whether the Department's logging and improvements...

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