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GRUNDY v. BRACK FAMILY TRUST

No. 37251-7-II.

213 P.3d 619 (2009)

Evelyne GRUNDY, Respondent/Cross Appellant, v. The BRACK FAMILY TRUST, Calvin Brack and Joyce M. Brack, Trustees, Appellants/Cross Respondents.

Court of Appeals of Washington, Division 2.

August 11, 2009.

Attorney(s) appearing for the Case

Alexander Weal Mackie, Eric S. Merrifield, Perkins Coie LLP, J. Christopher Baird, Attorney at Law, Seattle, WA, for Appellant/Cross-Respondent.

Allen T. Miller, Attorney at Law, Olympia, WA, for Respondent/Cross-Appellant.

VAN DEREN, C.J.

¶ 1 The parties ask us to fashion new law regarding sea water and bulkheads. The Bracks1 ask us to create an exception to trespass law for sea water, similar to the common enemy doctrine, which our Supreme Court in Grundy v. Thurston County, 155 Wn.2d 1, 10, 117 P.3d 1089 (2005) expressly held to be inapplicable to sea water. Evelyn Grundy asks us to articulate a rule that would...

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