| Problem: | Developer clearcuts hillside, causing flooding which damages downhill property owner. |
| Action: | John Karpinski filed suit against contractor and property owner, alleging violation of state common law drainage rules. |
| Result: | Washington Supreme Court requires for the first time that uphill property owners must act reasonably to avoid damaging downhill/downstream property owners; changing Washington's common law of 103 years. On remand, settlement paid to property owner. Currens v. Sleek, et al., 138 Wn.2d 858, 983 P.2d 626 (1999) |
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| Problem: | Clark Public Utilities "CPU" built a gas powered power plant in Clark County, Washington without subjecting the plant to a public vote for plants over 250 MW. Citizens group asks for GE technical documents to prove whether plant generated over 250 MW, CPU refuses. |
| Action: | John Karpinski represented ratepayers group in lawsuit to obtain documents. |
| Result: | After trial and Court of Appeal fail to require release, Washington Supreme Court unanimously holds that when a public agency uses private documents, those documents become public records. On remand, the Court orders release of over 900 documents, including documents indicating the power plant generates 253.76 MW. Utility agrees to pay attorneys fees and statutory penalties. Concerned Ratepayers Ass'n v. Public Util Dist. No. 1, 138 Wn.2d 950, 983 P.2d 635 (1999). |
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