Home/Washington Supreme Court/King County v. Boeing Co.

King County v. Boeing Co.

384 P.2d 122, 62 Wash. 2d 545, 1963 Wash. LEXIS 364
CourtWashington Supreme Court
DecidedJuly 18, 1963
Docket36273
StatusPublished
Cited by33 cases

This text of 384 P.2d 122 (King County v. Boeing Co.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
King County v. Boeing Co., 384 P.2d 122, 62 Wash. 2d 545, 1963 Wash. LEXIS 364 (Wash. 1963).

Opinion

Hamilton, J.

Plaintiff, King County, appeals from a summary judgment granted in favor of defendants, The Boeing Company (hereafter referred to as Boeing) and Isaacson Iron Works (hereafter referred to as Isaacson).

The suit between the parties revolves about drainage of surface waters from the southerly portion of the King County Airport, also known as Boeing Field. There is no substantial dispute as to the facts. The parties disagree as to the governing legal principles.

In 1911, Commercial Waterway District No. 1 of King County (hereafter referred to as the district) was formed, pursuant to Laws of 1911, chapter 11, p. 11, RCW 91.04.010, et seq. The purpose of the district was to straighten, widen, and dredge the natural course of the Duwamish River, a navigable stream, which flowed northwesterly into Elliott Bay, and to make thereof a ship canal or man-made waterway. In 1913, the district began construction of the canal, which is now known as the Duwamish Waterway. At several points, this waterway intersected and followed the old or natural thread of the river, then left the course of the river in a straight line to the next point of intersection. About 1916, the waterway was completed and the river was diverted from its natural channel and has since flowed in the waterway. By reason of this diversion, substantial portions of the natural channel of the river were bypassed and abandoned, leaving a number of crescent or oxbow loops lying on both sides of the waterway, the title to which vested in the district. 1 The abandoned portions of the river *547 lying east of the waterway and west of East Marginal Way are referred to as “slips”. There are seven such slips, all of which now have been sold by the district. The abandoned portions of the river channel lying east of East Marginal Way, between Slips 4 and 5, were sold by the district to King County, filled, and now lie beneath the airport.

The following map portrays the area between Slips 4 and 5, including the waterway, the airport area, and the abandoned portions of the river lying east and west of East Marginal Way. The superimposed arrows indicate the original direction of the river’s flow. All but 900 feet of Slip 5 has heretofore been filled.

Before and after construction of the waterway and the airport, surface waters drained naturally in a northerly and westerly direction. The present runways of the airport are at a grade of .38 per cent from south to north. Before and after construction, the waters of the river and the waterway were affected by the ebb and flow of the tides in Elliott Bay. When the tides are in, the unfilled portion of Slip 5 is flooded. When the tides go out, Slip 5 drains westerly into the waterway.

In 1943, the airport was owned and operated by the United States Government, during which time a drainage system was installed. By this system, the surface waters upon the southerly portion of the airport are collected in an elaborate system of underground pipe and catch basins, and then pumped, by a series of six pumps, westerly through a 4-foot drain pipe that runs beneath East Marginal Way, several railroad tracks, and some buildings located on property belonging to Isaacson. The terminus or outfall of this drain discharges the surface waters pumped through it into the remaining 900 feet of Slip 5, from whence it flows into the waterway.

This drainage system was constructed without the knowledge or consent of the district, which then owned Slip 5. In 1947, Isaacson granted a 12-foot easement over its property, conforming to the route of the existing drain pipe.

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Cite This Page — Counsel Stack

Bluebook (online)
384 P.2d 122, 62 Wash. 2d 545, 1963 Wash. LEXIS 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-county-v-boeing-co-wash-1963.