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GRUNDY v. THURSTON COUNTY

No. 73906-4.

117 P.3d 1089 (2005)

Evelyne GRUNDY, Petitioner, v. THURSTON COUNTY, a municipal corporation and political subdivision of the State of Washington; The Brack Family Trust; Calvin Brack and Joyce M. Brack, Trustees, Respondents.

Supreme Court of Washington, En Banc.

Decided July 28, 2005.

Attorney(s) appearing for the Case

Barnett N. Kalikow, Kalikow & Gusa, PLLC, Olympia, for Petitioner.

Matthew Bryan Edwards, Owens Davies, PS, Jeffrey George Fancher, Olympia, for Respondents.

Richard M. Stephens, Green Stephens & Klinge, LLP, Bellevue, for Amicus Curiae Ian Bennett, Marcia Boyd, Ann Milner, Keith Milner, Brent Nicholson, Mary Katherine Nicholson, Diane Sharp, Donald Walker, Gloria Walker.

Harry Laurence Johnsen, Judith K. Bush, Lummi Indian Business Council, for Amicus Curiae Lummi Nation.

John Maurice Groen, Groen Stephens & Klinge, LLP, Russell Clayton Brooks, Pacific Legal Foundation, for Amicus Curiae Pacific Legal Foundation.

Jeffrey Murdock Eustis, Seattle, for Amicus Curiae Washington Environmental Council.

IRELAND, J.*

¶ 1 In this case, we consider whether a private nuisance claim brought by Evelyne Grundy, who alleges seawater damaged her property because her neighbors raised the height of their seawall, should be dismissed in light of the common enemy doctrine. We reverse the Court of Appeals dismissal of her private nuisance claim, and we hold that the common enemy doctrine does not apply to seawater.

FACTS

¶...

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