McCullough also directed the Hannas to propose how they would bring their drain field into compliance if it was within 10 feet of the Margitans’ water line. Hanna to provide documentation to establish the exact location of the water line and its relationship to the drain field. Therefore, it is unknown if there is non-compliance of the as it relates to the. McCullough concluded: here is insufficient documentation to definitely determine whether or not your water line is within 10 feet of the drain field. Joel McCullough, the health officer for SRHD, to make an expedited decision concerning the legality of the Hannas’ drain field. In the letter, the Margitans expressed concern that the Hannas’ drain field might contaminate their water. In early December 2013, SRHD received a letter from the Margitans. Notwithstanding that requirement, the agreement required the Hannas to immediately take corrective action if it appeared to SRHD that the drain field posed a public health risk. The agreement required the Hannas to promptly relocate their drain field after completion of their quiet title litigation. The Margitans were not party to this agreement and neither SRHD nor the Hannas consulted the Margitans about the agreement. In October 2013, SRHD and the Hannas entered into an agreement concerning their on-site sewage system. Holderby confirmed to the Margitans that if his investigation determined that the Hannas’ drain field was in the easement, SRHD would have the drain field relocated promptly. The Margitans told Steven Holderby, SRHD’s Liquid Waste Program Manager, that they were remodeling the old house on Parcel 3 and they planned on leasing it for income.
The complaint alleged that the Hannas’ drain field was within their 40 foot easement. In July 2013, the Margitans filed a complaint with SRHD. The litigation was later amended to a quiet title action that sought to determine the rights of all Parcel 2 easement holders of record. year into that litigation, the Margitans learned that the Hannas’ drain field was built 9 feet into their easement. In 2012, the Hannas filed a quiet title action in Spokane County Superior Court against the Margitans to reduce the 40 foot easement to a 20 foot easement. The following year, the Margitans began to remodel the home so they could lease it out as a high-end rental. In 2010, the Margitans purchased Parcel 3, including the existing home. Had the actual 40 foot easement been depicted on the drawing, it would show that the closest corner of the drain field extends 9 feet into the easement. The “as built” drawing erroneously depicts the easement as 20 feet, and shows an 11 foot separation between the depicted easement and the closest corner of the drain field. In March 2003, Cook Excavating submitted an “as built” drawing of the septic system. SRHD issued the permit in January 2003, and Cook Excavating built the septic system. applied to SRHD for a permit to build an on-site sewage system on behalf of the Hannas.
Hanna neglected to inform his contractor of this. Hanna learned that the easement through Parcel 2 was 40 feet wide, not 20 feet wide. Hanna mistakenly informed the contractor hired to build his house that the easement was 20 feet wide. In May 2002, the Hannas purchased Parcel 2. In April 2002, the Margitans purchased Parcel 1. A note on the map requires the applicant to secure public water for each of the three parcels. The short plat map shows a 40 foot wide access and utility easement across Parcels 1 and 2 in favor of Parcel 3. Parcel 1 is to the east of Parcel 2, and Parcel 2 is to the east of Parcel 3. FACTS Spokane County Short Plat 1227-00 consists of “Parcels” 1, 2, and 3.
SEPTIC AS BUILT DRAWING SPOKANE COUNTY TRIAL
Allan and Gina Margitan appeal from the trial court’s summary judgment order, which dismissed their claims against Spokane Regional Health District (SRHD). 34606-4-III UNPUBLISHED OPINION LAWRENCE-BERREY, C.J. SPOKANE REGIONAL HEALTH DISTRICT, a municipal corporation and SPOKANE REGIONAL HEALTH DISTRICT BOARD OF HEALTH, a municipal corporation, MARK HANNA and JENNIFER HANNA, husband and wife, Respondents. FILED JIn the Office of the Clerk of Court WA State Court of Appeals, Division III IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE ALLAN MARGITAN and GINA MARGITAN, husband and wife, Appellants, v.