Vance v. XXXL Development, LLC

¶1 Lynn Vance appeals the dismissal of her private nuisance claim against XXXL Development, LLC. She argues that the trial court erred in determining that her cause of action could not survive sale of the affected property. We reverse and remand for further proceedings.

FACTS

¶2 In 1988, Vance bought a house in Longview, Washington for $205,000. In 2006, XXXL sought approval for a residential development just to the north of Vance’s property. It constructed a retaining wall two feet from Vance’s property line. The concrete block wall is approximately 25 feet high and more than 100 feet long.

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