1. Home
  2. Browse Decisions
  3. P.3d
  4. 177 P.3d
  5. 177 P.3d 716 (2008)
 

FITZPATRICK v. OKANOGAN COUNTY

No. 25161-6-III.

177 P.3d 716 (2008)

Don L. FITZPATRICK and Pam Fitzpatrick, husband and wife; Brad Sturgill and Heather Fitzpatrick Sturgill, husband and wife, Appellants, v. OKANOGAN COUNTY; The State of Washington, Respondents, John L. Hayes and Jane Doe Hayes, husband and wife; and Methow Institute Foundation, Defendants.

Court of Appeals of Washington, Division 3.

January 22, 2008.

Attorney(s) appearing for the Case

John Maurice Groen, Groen Stephens & Klinge LLP, Diana M. Kirchheim, Pacific Legal Foundation, Bellevue, WA, for Appellants:

Mark Robert Johnsen, Attorney at Law, Seattle, WA, Paul Francis James, Office of the Attorney General, Olympia, WA, Douglas Gilmore Webber, Attorney at Law, Winthrop, WA, for Defendants.

SCHULTHEIS, J.

¶ 1 The common enemy rule, which allows landowners to repel surface waters to the detriment of their neighbors, does not apply when the landowner obstructs a watercourse or natural drainway or when the landowner obstructs riparian water from entering a flood channel. Currens v. Sleek, 138 Wn.2d 858, 862-63, 983 P.2d 626,

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases