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SUNNYSIDE VALLEY IRR. DIST. v. DICKIE

No. 20249-6-III.

43 P.3d 1277 (2002)

111 Wash.App. 209

SUNNYSIDE VALLEY IRRIGATION DISTRICT, a quasi-municipal Corporation, Respondent, v. Dyke DICKIE and Jane Doe Dickie, husband and wife, Appellants.

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

April 16, 2002.

Attorney(s) appearing for the Case

John S. Moore, Jr., Brendan V. Monahan, Velikanje, Moore & Shore, Yakima, for Appellants.

Charles C. Flower, Patrick M. Andreotti, Flower & Andreotti, Yakima, for Respondent.

BROWN, C.J.

Appellant landowners, Dyke and Jane Doe Dickie, argue the trial court erred when (A) applying a right-of-way easement held by the Sunnyside Valley Irrigation District for the enlargement and maintenance of a long established irrigation lateral, and (B) entering a mandatory injunction requiring them to remove property from within the right-of-way. We adopt a rule followed elsewhere permitting parties to contract...

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