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STATE v. WANDERMERE CO.

No. 15478-5-III.

949 P.2d 392 (1997)

89 Wash.App. 369

STATE of Washington, Appellant, v. The WANDERMERE COMPANY, a Washington corporation; Acme Concrete Company, a Washington corporation, Respondents.

Court of Appeals of Washington, Division 3, Panel Eight.

December 23, 1997.

Attorney(s) appearing for the Case

Bryce E. Brown, Jr., Robert A. Wright, Asst. Attys. Gen., Olympia, for Appellant.

William D. Symmes, Timmothy M. Lawlor, Witherspoon, Kelley, Davenport & Toole, Robert A. Dunn, Deborah J. Good, McCormick, Dunn & Black, PS, Spokane, for Respondents.

SWEENEY, Chief Judge.

This is a condemnation case. The State's theory of the case would have limited its taking to a 24.45-acre parcel of property, owned by The Wandermere Company and leased to Acme Concrete Company as a sand and gravel pit. Wandermere's theory of the case expanded the State's taking to a 62-acre parcel that included not only the 24.45-acre parcel actually mined by Acme but also an additional 37 acres which...

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