Grundy v. Brack Family Trust

¶1 The parties ask us to fashion new law regarding seawater and bulkheads. The Bracks1 ask us to create an exception to trespass law for seawater, 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 seawater. Evelyn Grundy asks us to articulate a rule that would essentially require that all property owners along Puget Sound and, necessarily, along all ocean shores, construct bulkheads the same height as their neighbors’ bulkheads to avoid trespass liability for waves splashing…