Borden v. City of Olympia

— Henry and Loretta Borden sued the City of Olympia because their property flooded. They alleged inverse condemnation, trespass, nuisance, negligence, and waste under RCW 4.24.630. The trial court granted summary judgment to the City. Taking the facts and inferences in the light most favorable to the Bordens,1 we reverse in part and affirm in part.

In 1980, the Bordens bought four acres, the east half of which was improved with a house and detached shop. They have lived in the house ever since.

In 1991, the Bordens short platted their four acres by drawing a north-south line from approximately…