Sado V. City Of Spokane

In January 1974, Latah Creek, a stream meandering through the southwest section of the city of Spokane, flooded and damaged private property adjoining the creek.*fn1 Nine property owners brought suit against the City. Five of those property owners, hereinafter referred to as downstream owners, alleged the City negligently constructed and maintained an embankment which failed to confine the course of the creek at the time of the flood causing severe erosion of their property.*fn2 At the close of the downstream owners' case, the trial court granted the City's motion to dismiss.