April 21, 2015

Court Resolves Dispute Over Sewer Line Damage Caused by Tree Roots

The Washington Court of Appeals recently issued a published opinion involving downhill homeowners' claims against neighboring uphill homeowners and a neighboring uphill undeveloped property owner for damage to their residence caused by a clogged private sewer line shared by the homeowners.  The Court affirmed the trial court's order directing the neighboring uphill homeowners (who used and benefited from the sewer line) to pay an equal share to repair the sewer line, dismissing the claims against the neighboring uphill homeowners for damage to the residence, and dismissing all claims against the neighboring uphill undeveloped property owner (which did not use or benefit from the sewer line).  The Court held that no controlling legal authority imposed an affirmative duty on the parties to inspect the sewer line.

During the course of its opinion, the Court discussed a property owner's potential liability when the roots of trees on the owner's property invade a neighboring property and cause damage.  It pointed out that the Washington Supreme Court resolved a 1945 dispute involving such facts by holding that "it is the duty of the one who is the owner of the offending agency to restrain its encroachment upon the property of another." Luckily for the neighboring uphill undeveloped property owner in the recent case, the roots of the tree on its property clogged the portion of the sewer line underneath its property but did not invade any neighboring property.  

April 5, 2015

Washington Supreme Court Affirms Drainage Pipe Maintenance Decision

The Washington Supreme Court recently upheld an appellate court's decision that the City of Bothell assumed responsibility for maintaining a drainage pipe installed in a residential subdivision in Snohomish County.  The Court concluded that the only reasonable interpretation of the plat is that the City assumed responsibility to maintain that pipe.  My previous post about this case in 2013 is here.

Sometimes the Court includes a choice quote or two in its opinions.  This opinion features this response to the City's attempt to raise a constitutional argument: "Naked castings into the constitutional sea are not sufficient to command judicial consideration and discussion."