Snohomish County v. Postema

— The trial court’s decision to dismiss David Smith’s claims for trespass and nuisance against John and Maryke Postema is reversed and this case is remanded for trial. There are material questions of fact relative to the application of “the common enemy doctrine” to this action for damages caused by clearing and draining a wetland.

John and Maryke Postema own a Washington corporation doing business as Flower World in Snohomish County. In 1990, they purchased 8.3 acres in that county from Nancy Harris, which they leased to the corporation.1 Three county drainage ditches enter the property, two…