William Strandrud Dorrine Strandrud, Husband and Wife v. Northshore School District, No. 417 Thomas Cooper
Opinion
Opinion
19 F.3d 29 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William STRANDRUD; Dorrine Strandrud, husband and wife, Plaintiffs-Appellants, v. NORTHSHORE SCHOOL DISTRICT, NO. 417; Thomas Cooper, Defendants-Appellees. No. 92-35525. United States Court of Appeals, Ninth Circuit. Submitted Dec. 15, 1993. * Decided Feb. 25, 1994. Before: BROWNING, NORRIS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 William and Dorrine Strandrud brought this action under 28 U.S.C. Sec. 1983 , alleging that Northshore School District No. 417 and Thomas Cooper, Director of Facilities Planning for the school district, (collectively, "Northshore") have diverted stormwater onto their property in violation of the Takings Clause of the Fifth Amendment. The district court dismissed the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), holding that a prior state proceeding was res judicata. We affirm. 3 * The Strandruds assert that the state court judgment cannot preclude their…