Wilber v. Western Properties

In March 1972, Darrell Wilber’s two apartment buildings in Tacoma sustained severe flood damage. He filed a complaint for damages (1) against his downhill neighbor, Western, alleging it had impeded the natural course and flow of storm waters by replacing an open ditch with a narrow pipe, and (2) against the City of Tacoma (also Pierce County and Washington State) alleging that it had improperly designed, constructed, and operated a new, alternate drainage system. In addition, Wilber sought an injunction to abate the nuisances allegedly created by Western and Tacoma. Western and Tacoma each…