trespass claim in Washington

2025WDFW does not appeal that determination. 3 The court in Bradley allowed a trespass claim based on the intrusion of airborne contaminants onto the plaintiffs’ property. 104 Wn.2d at 684-88 . 6 For the Plaintiffs’ Trespass claim, the Plaintiffs have the burden of proving, on a more probable than not basis, the following: (1) WDFW caused particles or things to invade the Plaintiffs’ property on or after July 1, 2015; (2) WDFW intended to do the acts that caused particles or things to invade the Plaintiffs’ property; (3) It was reasonably foreseeable to WDFW that its activities would send particle

2008The plaintiffs-appellants cited only the same two cases that this court cited in its opinion, Appellants' Opening Brief at 4-7, Goldsby v. Stewart, No. 22392 (Wash.Sup.Ct.), reprinted in 1 Brs. 158 Wash. (1930), and the defendants-respondents said they had no quarrel with the law stated in the appellants' brief, Respondents' Brief at 15-16, Goldsby, supra. [7] Significantly, the intent required is used to mean "`that the actor desires to cause consequences of his act, or that he believes that the consequences are substantially certain to result from it.'" Bradley, 104 Wash.2d at 682 , 709 P.2d

2018Chelan Basin Conservancy v. GBI Holding Co., 194 Wash.App. 478 , 484 n.1, 378 P.3d 222 , review granted, 186 Wash.2d 1032 , 385 P.3d 769 (2016).

2018Chelan Basin Conservancy v. GBI Holding Co., 194 Wash.App. 478 , 484 n.1, 378 P.3d 222 , review granted, 186 Wash.2d 1032 , 385 P.3d 769 (2016).

2008Jur. 2d Searches and Seizures § 229 (1993) that execution of a search warrant must be carried out in an orderly manner and liability in trespass may result if the officers executing the warrant exceed their authority or wantonly destroy property in making their search; here, officers “thoroughly ‘trashed’ ” the plaintiffs’ home, including spilling flour, splattering eggs on the floor, and tossing bags of chips and candy across the living room; judgment for plaintiffs affirmed an amount to clean the home and to compensate for emotional distress); Onderdonk v. State, 170 Misc. 2d 155, 162-64 , 6

2008Jur. 2d Searches and Seizures § 229 (1993) that execution of a search warrant must be carried out in an orderly manner and liability in trespass may result if the officers executing the warrant exceed their authority or wantonly destroy property in making their search; here, officers “thoroughly ‘trashed’ ” the plaintiffs’ home, including spilling flour, splattering eggs on the floor, and tossing bags of chips and candy across the living room; judgment for plaintiffs affirmed an amount to clean the home and to compensate for emotional distress); Onderdonk v. State, 170 Misc. 2d 155, 162-64 , 6

2008Jur. 2d Searches and Seizures § 229 (1993) that execution of a search warrant must be carried out in an orderly manner and liability in trespass may result if the officers executing the warrant exceed their authority or wantonly destroy property in making their search; here, officers “thoroughly ‘trashed’ ” the plaintiffs’ home, including spilling flour, splattering eggs on the floor, and tossing bags of chips and candy across the living room; judgment for plaintiffs affirmed an amount to clean the home and to compensate for emotional distress); Onderdonk v. State, 170 Misc. 2d 155, 162-64 , 6

2008Jur. 2d Searches and Seizures § 229 (1993) that execution of a search warrant must be carried out in an orderly manner and liability in trespass may result if the officers executing the warrant exceed their authority or wantonly destroy property in making their search; here, officers “thoroughly ‘trashed’ ” the plaintiffs’ home, including spilling flour, splattering eggs on the floor, and tossing bags of chips and candy across the living room; judgment for plaintiffs affirmed an amount to clean the home and to compensate for emotional distress); Onderdonk v. State, 170 Misc. 2d 155, 162-64 , 6

2008We also hold that summary judgment was properly granted with respect to Mr. Brutsche's claim that the damage to his property constituted a taking of private property for which the City must pay just compensation and decline to overrule Eggleston v. Pierce County, 148 Wash.2d 760 , 64 P.3d 618 (2003).

2008We also hold that summary judgment was properly granted with respect to Mr. Brutsche’s claim that the damage to his property constituted a taking of private property for which the City must pay just compensation and decline to overrule Eggleston v. Pierce County, 148 Wn.2d 760 , 64 P.3d 618 (2003).

2008We also hold that summary judgment was properly granted with respect to Mr. Brutsche's claim that the damage to his property constituted a taking of private property for which the City must pay just compensation and decline to overrule Eggleston v. Pierce County, 148 Wash.2d 760 , 64 P.3d 618 (2003).

2008We also hold that summary judgment was properly granted with respect to Mr. Brutsche’s claim that the damage to his property constituted a taking of private property for which the City must pay just compensation and decline to overrule Eggleston v. Pierce County, 148 Wn.2d 760 , 64 P.3d 618 (2003).

2006Fradkin v. Northshore Utility District ¶ 19 Finally, Fradkin v. Northshore Utility District, 96 Wash.App. 118 , 977 P.2d 1265 (1999), involved a trespass claim brought against a utility company for negligently installing a sewer line causing water to flood the plaintiff's property.

2006App. 118 , 977 P.2d 1265 (1999), involved a trespass claim brought against a utility company for negligently installing a sewer line, causing water to flood the plaintiff’s property.

2003A trespass claim requires "`an intentional or negligent intrusion onto or into the property of another.'" Borden v. City of Olympia, 113 Wash.App. 359, 373 , 53 P.3d 1020 (2002) (quoting Mielke v. Yellowstone Pipeline Co., 73 Wash.App. 621, 624 , 870 P.2d 1005 (1994)).

2003A trespass claim requires "`an intentional or negligent intrusion onto or into the property of another.'" Borden v. City of Olympia, 113 Wash.App. 359, 373 , 53 P.3d 1020 (2002) (quoting Mielke v. Yellowstone Pipeline Co., 73 Wash.App. 621, 624 , 870 P.2d 1005 (1994)).

2003A trespass claim requires "`an intentional or negligent intrusion onto or into the property of another.'" Borden v. City of Olympia, 113 Wash.App. 359, 373 , 53 P.3d 1020 (2002) (quoting Mielke v. Yellowstone Pipeline Co., 73 Wash.App. 621, 624 , 870 P.2d 1005 (1994)).

2003App. 359, 373 , 53 P.3d 1020 (2002) (quoting Mielke v. Yellowstone Pipeline Co., 73 Wn.

2003A trespass claim requires "`an intentional or negligent intrusion onto or into the property of another.'" Borden v. City of Olympia, 113 Wash.App. 359, 373 , 53 P.3d 1020 (2002) (quoting Mielke v. Yellowstone Pipeline Co., 73 Wash.App. 621, 624 , 870 P.2d 1005 (1994)).

2003A trespass claim requires “ ‘an intentional or negligent intrusion onto or into the property of another.’ ” Borden v. City of Olympia, 113 Wn.

2026Then, Division Two of this court in State v. Azevedo, 31 Wn. App. 2d 70 , 83, 547 P.3d 287 (2024), considered another IAC issue wherein trial defense counsel did not request a trespass instruction as a lesser included offense of burglary in the second degree.

2022Id.

2022For example, Patton relies on Stewart v. Hoffman, 64 Wn.2d 37, 43 , 390 P.2d 553 (1964), but it is not clear that Stewart involved an appeal of a trespass claim.

2022For example, Patton relies on Stewart v. Hoffman, 64 Wn.2d 37, 43 , 390 P.2d 553 (1964), but it is not clear that Stewart involved an appeal of a trespass claim.

2021Article I, section 7 of our constitution “‘requires no less’ than the Fourth Amendment.” State v. Afana, 169 Wn.2d 169, 177 , 233 P.3d 879 (2010) (quoting State v. Patton, 167 Wn.2d 379, 394 , 219 P.3d 651 (2009)).

2021Article I, section 7 of our constitution “‘requires no less’ than the Fourth Amendment.” State v. Afana, 169 Wn.2d 169, 177 , 233 P.3d 879 (2010) (quoting State v. Patton, 167 Wn.2d 379, 394 , 219 P.3d 651 (2009)).

2021We have recognized a trespass claim for “unnecessary damage to property caused by . . . law enforcement officers executing a search warrant.” Brutsche v. City of Kent, 164 Wn.2d 664, 671 , 193 P.3d 110 (2008); see also Goldsby v. Stewart, 158 Wash. 39, 41 , 290 P. 422 (1930) (“In executing a search warrant, officers of the law should do no unnecessary damage to the property to be examined.”).

2021In Sears, the Court considered whether a trespass claim for a union’s peaceful picketing was preempted because it was either arguably prohibited or protected 32 under the NLRA. 436 U.S. at 190 .

2021Although Brutsche sued the City of Kent for both trespass and negligence, we ruled only on his trespass claim because the alleged misconduct had been intentional. 164 Wn.2d at 674 .

2021We have recognized a trespass claim for “unnecessary damage to property caused by . . . law enforcement officers executing a search warrant.” Brutsche v. City of Kent, 164 Wn.2d 664, 671 , 193 P.3d 110 (2008); see also Goldsby v. Stewart, 158 Wash. 39, 41 , 290 P. 422 (1930) (“In executing a search warrant, officers of the law should do no unnecessary damage to the property to be examined.”).

2021Article I, section 7 of our constitution “‘requires no less’ than the Fourth Amendment.” State v. Afana, 169 Wn.2d 169, 177 , 233 P.3d 879 (2010) (quoting State v. Patton, 167 Wn.2d 379, 394 , 219 P.3d 651 (2009)).

2021Article I, section 7 of our constitution “‘requires no less’ than the Fourth Amendment.” State v. Afana, 169 Wn.2d 169, 177 , 233 P.3d 879 (2010) (quoting State v. Patton, 167 Wn.2d 379, 394 , 219 P.3d 651 (2009)).

2021Co., 180 Wn. App 52, 78 n.20, 322 P.3d 6 (2014). 21 Therefore, we remand to the trial court, so it can address the Crosettis’ trespass claim and make any necessary findings of fact and conclusions of law.

2020Summary Judgment is also proper if the nonmoving party “ ‘fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.’ ” Miller v. Likins, 109 Wn. App. 140, 145 , 34 P.3d 835 (2001)2 (quoting Young v. Key Pharm., Inc., 112 Wn.2d 216, 225 , 770 P.2d 182 (1989)).

2020Summary Judgment is also proper if the nonmoving party “ ‘fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.’ ” Miller v. Likins, 109 Wn. App. 140, 145 , 34 P.3d 835 (2001)2 (quoting Young v. Key Pharm., Inc., 112 Wn.2d 216, 225 , 770 P.2d 182 (1989)).

2020CR 56(c); Cotton v. Kronenberg, 111 Wn. 1 The trespass claim did not appear in either Piest’s summary judgment motion or the court’s order granting summary judgment. 3 App. 258, 264 , 44 P.3d 878 (2002).