Halverson

OVERVIEW

Ninety residents of the Nookachamps area of Skagit County, Washington, whose homes and other property were damaged by flood waters of the Skagit River, filed suit under 42 U.S.C. § 1983 against municipal corporations Skagit County and Diking Districts Nos. 12 and 17 (collectively the “County”), claiming the County deprived them of substantive and procedural due process of law. The plaintiffs allege the County pursued a policy of improving, maintaining and operating a system of levees and dikes which diverted additional flood waters into the Nookachamps area, damaging the plaintiffs’ property. The plaintiffs appeal the district *1259 court’s order granting the County’s motion for summary judgment. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

FACTS AND PRIOR PROCEEDINGS

Dikes and levees have long been part of an effort to control Skagit River flooding. Since 1955, a system of dikes and levees has been in place which protects the cities of Mount Vernon and Burlington, as well as agricultural areas further downstream. The County has participated in the maintenance, repair, and operation of this diking system.

The Nookachamps area is located upstream…