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Gill v. LDI

19 F. Supp. 2d 1188 (1998)

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Gill v. LDI

United States District Court for the Western District of Washington

19 F. Supp. 2d 1188 (1998)

Facts

Doris Hall, her daughter Dianne Gill, and her son-in-law Stephen Gill (plaintiffs) lived on a rural property in Snohomish County. The property was purchased by Hall and her husband in 1968 and contained a house and a pristine pond of several acres. In 1988, property adjacent to Hall’s was purchased by the owner of the company LDI, Wayne Schuett, and his wife (defendants). Schuett established a quarry operation on the land. The quarry discharged silt into a spring that fed water into Hall’s pond. The silt polluted the pond and made it useless for fishing and recreational and domestic purposes. In 1996, after receiving repeated complaints, the state Department of Ecology (DOE) found that Schuett required a pollutant-discharge permit under the Clean Water Act (CWA). Schuett obtained a permit but did not meet all the requirements of the permit. In 1997, Hall and the Gills sued Schuett, claiming that he violated the CWA, that he trespassed on their property, and that the quarry operations were a nuisance per se.

Rule of Law

Issue

Holding and Reasoning (Zilly, J.)

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