Sample Oral ArgumentHalverson v. Skagit County
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Sample Oral ArgumentHalverson v. Skagit County
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The following oral argument was presented in the Washington Supreme Court in May 1999 in the case of Halverson v. Skagit County. Charlie Wiggins argued for Skagit County, Assistant Attorney General Glen Anderson argued for the State of Washington, and Carl Hagens argued for the plaintiffs.
The background is as follows. The plaintiffs are residents of Skagit County who live near the Skagit River and own property that is not protected by any dikes against flooding. They brought this action against Skagit County, claiming that dikes built along the river restricted the flow of flood water and made floods on their property worse than they would have been without the dikes. Specifically, the plaintiffs claimed that their property was flooded with 1 to 4 feet of additional flood water caused by the dikes. Skagit County defended on the ground that the dikes are owned by independent dike districts not controlled by the County, and that the plaintiffs should have sued the dike districts. The County also relied on the "common enemy" doctrine, which gives to property owners the right to protect their land from flooding.
The jury found that the County was jointly and severally liable with the dike districts for any damage caused by the "levee induced flooding." The trial judge held that the common enemy doctrine did not protect the County.
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