Hallauer v. Spectrum Properties, Inc.

Wilbur and Josephine Hallauer (plaintiffs) owned property adjacent to Donald Thorndike in Washington. A bluff collapse on Thorndike’s property exposed a natural spring. The Hallauers later built a house on their property and worked with Thorndike to allow the Hallauers to draw water from the spring. The Hallauers applied to the Washington Department of Ecology (the department) for a recognized water right in the spring, for which they would pay Thorndike an agreed sum. The Hallauers then installed a pipeline to bring the spring water across Thorndike’s land to theirs for a heat pump and fishponds. The Hallauers then developed a private community on their property encompassing the fishponds, which they stocked with fish. The department issued the certificate recognizing the Hallauers’ rights. Subsequently, Ernesto and Madeliene Del Rosario (defendants) acquired Thorndike’s property and developed an apple orchard. During work on the orchard, the Del Rosarios discovered the pipeline and demanded its removal by the Hallauers. The Hallauers sought a private condemnation of an easement to transport the spring water to their property. The trial court held that the Hallauers had failed to establish a necessity for the water easement and entered judgment for the Del Rosarios. The court of appeals agreed, finding that because the Hallauers’ property was not landlocked, they could not show the requisite necessity to support the private condemnation. The Hallauers appealed to the Washington Supreme Court.