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ISSAQUAH LAW GROUP

Issaquah Law Group: Experienced Counsel; Client Focus

PHILOSOPHY: Formed in 2014, Issaquah Law Group is a law firm with one focus: providing businesses and insurers with high quality legal representation with the responsiveness of a smaller firm. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built upon clear and consistent communication. 

LITIGATION: We work closely with our clients to fully and accurately understand their goals, work collaboratively to formulate specific legal strategies, and execute the agreed plan of action utilizing methods most likely to result in the efficient and effective resolution of the matter. ILG attorneys have a broad base of litigation experience to draw on in all Federal and State courts from on-the-ground investigations to Supreme Court appeals in the areas of personal injury and wrongful death, product liability, commercial general liability, labor & employment, construction litigation, and catastrophic losses due to fire and explosion.

BUSINESS LAW: Rarely is the path from point A to point B a straight line, so our role in a business law practice is to find alternatives, devise workable strategies, and keep your business ideas, goals and objectives moving toward realization. ILG’s business attorneys help clients achieve their goals with respect to business formation, intellectual property, labor and employment, CAN-SPAM, copyright and trademark

COMMUNITY: In addition, the Lawyers at Issaquah Law Group remain active in the legal and civic community. A core commitment of our Issaquah Attorneys is community service. Our attorneys' civic involvement includes the King County Civil Rights Commission; the City of Issaquah Planning Policy Commission; the Northwest Screenwriters Guild, service as a pro tem judge. We live and work in the Pacific Northwest, and we aim to make it a better place.

In addition, through The Amateur Law Professor Blog and LinkedIn postings, we share pertinent opinions and decisions of the Washington State Supreme Court, as well as the pertinent opinions and decisions of the Washington State Courts of Appeal so that our clients can be as update to date on cutting legal issues as we are.

WA Supreme Court: Failure to Obtain Permit Does Not Make Business a Nuisance Per Se

Moore v. Steve’s Outboard Service

Under the law, people’s use of their land can’t generally interfere with your use and enjoyment of your land. If it is, you bring an action in what is called “nuisance,” to get them to stop the activity or pay you damages. Remember the thing with the Sriracha manufacturing plant in California? That was a nuisance case.

Here, the trial court found that the outboard service company was not a nuisance. Moore argued essentially that where you don’t have the proper permits, it is always a nuisance, and you don’t have to prove it was an actual nuisance. 

The supreme court disagreed. It said certain things can be made nuisances all the time by the legislature. But simply not having a permit doesn’t convert something that wasn’t a nuisance into a nuisance. The case cited by the court of appeals, Tiegs I, held that if a statute prohibits the thing you’re doing, then its automatically a nuisance. The court of appeals took it to mean generally operating a business without the proper permitting. The supreme court held it back and said, essentially, no. If a statute prohibits fumes, or the other things associated with this business directly, that is one thing. 

In contrast, in the case before us, the "condition" giving rise to the alleged nuisance was the noise, fumes, and traffic associated with the boat repair and maintenance operation, not the failure to obtain a permit.

Issaquah Legal Services is skilled in nuisance litigation, and our litigation attorneys will work hard to get you a just result.

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