ROTHWEILER v. CLARK COUNTY

No. 26543-5-II.

29 P.3d 758 (2001)

Jeff ROTHWEILER and Ingrid Rothweiler, Appellants, v. CLARK COUNTY, a municipal corporation, Respondent. Tapani Underground, Inc.; and Clark Public Utilities, Defendants.

Court of Appeals of Washington, Division 2.

As Amended October 16, 2001.


Attorney(s) appearing for the Case

E. Bronson Potter, Clark County Prosecuting Attorneys Office, Vancouver, for Respondent.

Gregory R. Harris, Seattle, Daniel P. Larsen, Ater Wynne Lip, Portland, Or., Heather Jo Van Meter, Portland, for Appellants.


BRIDGEWATER, J.

The Rothweilers appeal the summary judgment dismissal of their claims of negligence, nuisance, and negligent intrusion against Clark County (County) for failing to properly maintain and improve the stormwater drainage system, which allegedly caused flooding at their residence. Under the common enemy doctrine, a landowner may dispose of surface water without liability, with some exceptions. Because there is...

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