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SADDLE MOUNTAIN MINERALS, L.L.C. v. JOSHI

No. 73899-8.

95 P.3d 1236 (2004)

SADDLE MOUNTAIN MINERALS, L.L.C., a Washington Limited Liability Company, Gary Maughan and Carol Maughan, husband and wife, Respondents, v. Arun JOSHI and Vandana Joshi, husband and wife, and A & V Enterprises, Inc., a Washington corporation, Petitioners.

Supreme Court of Washington, En Banc.

Decided August 12, 2004.

Attorney(s) appearing for the Case

John P. Raekes, Diehl Randall Rettig, Kennewick, for Petitioners.

Gregory S. McElroy, McElroy Law Firm PLLC, Seattle, Lisa A. Brautigam, Fennemore Craig, Phoenix, AZ, for Respondents.

Timothy Dunning Ford, Olympia, for Amicus Curiae (Building Industry Assoc. of Washington).

MADSEN, J.

Arun and Vandana Joshi (the Joshis) challenge the Court of Appeals decision reversing the trial court's summary judgment in their favor in a case involving trespass to land and conversion. The owners of the mineral estate in the land in question, Saddle Mountain Minerals, L.L.C. (Saddle Mountain), brought an action for damages, alleging that the Joshis exported sand and gravel from the property without permission from or payment to Saddle Mountain. The...

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