Legal Opinion

Grundy v. Thurston County

Washington Supreme Court

Decided July 28, 2005No. 73906-4PublishedCited by 40 opinions

1Opinion of the Court

¶1 Ireland, J.*

In this case, we consider whether a private nuisance claim brought by Evelyne Grundy, who alleges seawater damaged her property because her neighbors raised the height of their seawall, should be dismissed in light of the common enemy doctrine. We reverse the Court of Appeals dismissal of her private nuisance claim, and we hold that the common enemy doctrine does not apply to seawater.

FACTS

¶2 Evelyne Grundy owns property on the west side of Johnson Point in Thurston County. She has lived there since 1981. Adjoining property at the end of the point was purchased by the Brack…

Also in this document: Concurrence.

2Cases cited19 opinions

  1. Wilson v. SteinbachWashington Supreme Court · 1982
  2. Kruse v. HempWashington Supreme Court · 1993
  3. Highline School District No. 401 v. Port of SeattleWashington Supreme Court · 1976
  4. Schaaf v. HighfieldWashington Supreme Court · 1995
  5. Cass v. DicksWashington Supreme Court · 1896

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3Cited by40 opinions

  1. Lakey v. Puget Sound Energy, Inc.Washington Supreme Court · 2013
  2. United States v. MilnerCourt of Appeals for the Ninth Circuit · 2009
  3. Asche v. BloomquistCourt of Appeals of Washington · 2006
  4. Asche v. BloomquistCourt of Appeals of Washington · 2006
  5. Dice v. City of MontesanoCourt of Appeals of Washington · 2006

35 more not listed; retrieve them via the Exa API.

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