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1 2.6 Defendants have not reimbursed the City for the damage caused by their <br /> 2 excavation. <br /> 3 <br /> 4 CAUSES OF ACTION <br /> 5 3.1 Plaintiff realleges the preceding paragraphs as though fully set forth herein. <br /> 6 A. First Cause of Action—Negligence <br /> 7 3.2 Defendants were negligent in the excavation of the drainage ditch. <br /> 8 <br /> Defendants'negligence caused damage to Lowell-Larimer Road and City utility infrastructure <br /> 9 <br /> 10 within the Lowell-Larimer Road right of way. As a result of such damage,the City incurred <br /> 11 costs in the amount$512,724.32. <br /> 12 B. Second Cause of Action—Nuisance <br /> 13 <br /> 3.3 Defendants' excavation of the drainage ditch constitutes a nuisance. <br /> 14 <br /> 15 Defendants' excavation made Lowell-Larimer Road dangerous for passage,was a hazard to <br /> 16 vehicles or persons traveling on Lowell-Latimer Road, and endangered public utilities within <br /> 17 the Lowell-Larimer Road right of way. In order to abate such nuisance,the City incurred <br /> 18 <br /> costs in the amount$512,724.32. <br /> 19 <br /> 20 C. Third Cause of Action—Loss of Lateral Support <br /> 21 3.4 Defendants' excavation of the drainage ditch removed lateral support from the <br /> 22 Lowell-Larimer Road right-of-way,which caused subsidence and damage to Lowell-Larimer <br /> 23 <br /> Road and City utility infrastructure within the Lowell-Larimer Road right of way. In order to <br /> 24 <br /> 25 repair such subsidence and damage,the City incurred costs in the amount$512,724.32. <br /> 26 <br /> 27 <br /> 28 <br /> Complaint-3 CITY OF EVERETT <br /> Office of the City Attorney <br /> 2930 Wetmore Ave Suite 10-C <br /> Everett,WA 98026 <br /> (425)257-7017 <br />