Nilsson v. Latimer

Steele Hays, Justice.

Marcella Nilsson, appellant, and Howard Latimer, appellee, are landowners having a common boundary — the Little Cossatot River and Mill Slough. Nilsson sought a declaratory judgment to interpret the language of the deed of each party and to determine their respective rights to the stream bed, contending that Latimer was not a riparian owner. Each owner also claimed damages from the other for unreasonable uses of the water. The Chancellor found Latimer to be a riparian owner and that neither party had made unreasonable use of the water. On appeal, we affirm.

Nilsson’s land…