CHUMBLEY v. SNOHOMISH COUNTY

No. 74528-0-I.

386 P.3d 306 (2016)

James and Evelyn CHUMBLEY, husband and wife; BNSF Railway Company, Inc., a Delaware corporation, Appellants, and Irene Artherholt; The Lester G. and Irene Artherholt Revocable Trust; Glenn and Patricia Dalby, husband and wife; Roy Main; Thomas and Madeline Norman, husband and wife; Plaintiffs, v. SNOHOMISH COUNTY, a Washington municipal corporation; Snohomish Health District, a Washington municipal corporation; Begis Building Inc., a Washington corporation; Jake Begis, Respondents, and Kee Bong Kim and Diana Yong, husband and wife, Defendants.

Court of Appeals of Washington, Division 1.

FILED: December 27, 2016.


Attorney(s) appearing for the Case

Dale Noel Johnson , Duncan McGehee Greene , Van Ness Feldman LLP, 719 2nd Ave., Ste. 1150, Seattle, WA, 98104-1700, Michael Eliott Chait , Bradley Patrick Scarp , Montgomery Scarp, P.L.L.C., 1218 3rd Ave., Ste. 2400, Seattle, WA, 98101-3017, for Appellants.

Brian John Dorsey , Snohomish County Prosecuting Attorney Office, 3000 Rockefeller Ave., Everett, WA, 98201-4046, Grant Kevin Weed , Thom H. Graafstra , Emily Grace Starr Guildner , Weed, Graafstra & Associates, Inc., PS, 110 Cedar Ave., Ste. 102, Snohomish, WA, 98290-2959, Bradley S. Wolf , Law Office of Bradley S. Wolf, 811 1st Ave., Ste. 350, Seattle, WA, 98104-1434, for Respondents.

Eric Christopher Nelsen , Sayre Law Offices, PLLC, 1417 31st Ave. S., Seattle, WA, 98144-3909, for Other Parties.


¶ 1 Steep bluffs rise above the railroad tracks that run along the shoreline between Edmonds and Mukilteo. A developer built a residence on an upland lot and began to install an approved sewage disposal system on two hillside lots below. While grading the hillside for the drain field, the...

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