4704 HARBOR LN 2018-01-02 MF Import

2 3 4 5 6 7 8 9 10 I 12 13 14 iS 16 17 1s 19 20 21 22 23 24 2i 14. The City of Everett has been granting permits to property owners along the bluff line above the plaintiffs' properties. These permits allow the property owners to channel drainage down the hill onto the Chase properties. None of these property owners have permission from the Chases to drain onto their properties. 15. The actions of the City of Everett in approving one or more permits that allow for drainage onto the Chase properties results in the inverse condemnation of those properties. The Chases have received no compensation of any kind for this condemnation of their private property. 16. The City of Everett has a duty to the Chases to make sure that the problem that is being addressed by the City and by the Andersons is a complete and adequate remedy to the damage and trespass of the Andersons. The City of Everett is breaching its duty, or in the future will cause, damage to the Chases. 17. The proper process for the commencement of a review of a decision of the City of in these cases is review under RCW Chapt. 36.70C, Land Use Petition Act (LUPA). A LUPA petition is to be served and tiled in a timely manner and is to be commenced after any administrative procedures have been exhausted. The plaintifts have commenced an appeal with the City of Everett under City Code Chapt. 15.24. The City Code is clear as to how to appeal a planning pennit. The City Code is unclear as to how to appeal a building permit. The complaint and LUPA petition are brought together to preserve any and all time limits that may occur as the parties inw. e toward resolution of these issues in the courts or otherwise. COUNT TRESPASS I S. Trespass is defined as entering or remaining "in or upon premises when he is not then licensed, im itrd. or otherwise pri% ilqcd to No enter or remain." RC\V 9A.52.010. The Comphim - 4 1ELSING TRI \VESI& ANDRUS. PLI C Attorneys at t_an 29_16 Colby Avenue Everett. WA 98201 (425) 259.2688