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GRUNDY v. BRACK FAMILY TRUST

No. 26347-5-II.

67 P.3d 500 (2003)

116 Wash.App. 625

Evelyne GRUNDY, Appellant, v. The BRACK FAMILY TRUST, Calvin Brack and Joyce M. Brack, Trustees, Respondents, Thurston County, a municipal Corporation, and political subdivision of the State of Washington, Defendant.

Court of Appeals of Washington, Division 2.

Publication Ordered April 9, 2003.

Attorney(s) appearing for the Case

Barnett N. Kalikow, Kalikow & Gusa, PLLC, Olympia, WA, for Appellant.

Matthew Bryan Edwards, Owens Davies, PS, Olympia, WA, for Respondents.

QUINN-BRINTNALL, A.C.J.

Evelyne Grundy's neighbors, the Bracks, raised their existing seawall by 16 to 18 inches, which made their wall four inches higher than hers. Grundy claims Thurston County improperly exempted this project from the permitting process and thereby created a public nuisance, and she claims the raised seawall leaves her property vulnerable to flooding, creating a private nuisance. Grundy brought an action seeking declaratory and injunctive relief...

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