Crystal Ridge Homeowners Ass'n v. City of Bothell

Summary

The Washington Supreme Court considered whether the City of Bothell, as successor to Snohomish County, was responsible for maintaining an underground interceptor pipe in a residential subdivision. The court held that the plat's drainage easement included the interceptor pipe and that the County, and therefore the City, had assumed maintenance responsibility. The court declined to reach the City's argument under article VIII, section 7 of the Washington Constitution because it was not timely raised.

Holdings

1. The only reasonable interpretation of the Crystal Ridge plat is that the drainage easement in Tract 999 includes the interceptor pipe.
2. Snohomish County assumed responsibility for maintaining the interceptor pipe, and the City of Bothell assumed that responsibility as the County's successor in interest.
3. The court declined to reach the City's argument that maintenance of the interceptor pipe would violate article VIII, section 7 of the Washington Constitution because the City failed to raise the issue properly below.

Questions Presented

1. Whether the drainage easement shown on the Crystal Ridge plat included the underground interceptor pipe.
2. Whether Snohomish County, and therefore the City of Bothell as successor, assumed responsibility for maintaining the interceptor pipe.
3. Whether the City could raise its Washington Constitution article VIII, section 7 public-funds argument for the first time in its petition for review.

Disposition

affirmed