[Download] "Bodin V. City Of Stanwood" by Division One Court of Appeals of Washington # eBook PDF Kindle ePub Free

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eBook details

• Title: Bodin V. City Of Stanwood
• Author : Division One Court of Appeals of Washington
• Release Date : January 11, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

WEBSTER, J. -- In 1990, record rainstorms caused severe flooding of the Stillaguamish River basin. The flood waters entered a sewage lagoon owned and operated by the City of Stanwood. Sewage spilled over the lagoon dikes and onto adjacent property. The appellants, adjacent property owners, sued Stanwood for negligence, nuisance, and inverse condemnation. The court dismissed the inverse condemnation claim and the jury returned a verdict in favor of Stanwood on the negligence and nuisance claims. We are to decide whether Stanwood's procurement of federal grants to improve the lagoon and its dikes is admissible to demonstrate the reasonableness of Stanwood's decisions about diking. Because the source of funding tended to prove the reasonableness of the timing and scope of Stanwood's response to the risk from inadequate diking, we find it is relevant evidence. This appeal also presents the issue of whether a continuing fear of flooding gives rise to an inverse condemnation cause of action. We hold that a continuing fear does not meet the physical invasion requirement of inverse condemnation and affirm the dismissal as a matter of law. Finding no merit in the property owners's other assignments of error, we affirm the judgment in favor of Stanwood.

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