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FITZPATRICK v. OKANOGAN COUNTY

No. 81257-8.

238 P.3d 1129 (2010)

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

Supreme Court of Washington, En Banc.

Decided September 2, 2010.

Attorney(s) appearing for the Case

Mark Robert Johnsen , Seattle, WA, for Petitioner.

John Maurice Groen , Samuel A. Rodabough , Groen Stephens & Klinge, L.L.P., Bellevue, WA, for Respondents.

Douglas Gilmore Webber , Law Offices of Douglas Webber, Winthrop, WA, for Defendants John L. Hayes & Methow Institute Foundation.

Paul Francis James , Office of the Attorney General, Olympia, WA, for Defendant State of Washington.

Brian Trevor Hodges , Pacific Legal Foundation, Bellevue, WA, amicus counsel for Pacific Legal Foundation.

ALEXANDER, J.

¶ 1 In 2002, after the Methow River washed away a substantial portion of their property, the owners of the property brought suit against Okanogan County (County) and the State of Washington (State). In their complaint, they alleged that a public flood control project was the cause of the damage to the property. The trial court subsequently granted the County and State's motion for summary judgment dismissing the property owners' suit. The owners...

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