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KERSHAW SUNNYSIDE RANCHES, INC. v. YAKIMA INTERURBAN LINES ASS'N

No. 21289-1-III.

91 P.3d 104 (2004)

121 Wash.App. 714

KERSHAW SUNNYSIDE RANCHES, INC., a Washington Corporation, Respondent and Cross-Appellant, v. YAKIMA INTERURBAN LINES ASSOCIATION, a Washington Nonprofit Corporation, BNSF Acquisition, Inc., a Delaware Corporation, The State of Washington, Defendants, Level 3 Communications, LLC, a Delaware Limited Liability Company, Appellant, The Burlington Northern and Santa Fe Railway Company, a Delaware Company, Respondent.

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

May 25, 2004.

Attorney(s) appearing for the Case

Mark C. Laughlin, Fraser, Stryker, Meusey, Olson, Boyer & Bloc, Omaha, NE, James S. Berg, James S. Berg PLLC, Yakima, WA, for Appellant.

Kevin T. Montoya, Attorney at Law, Yakima, WA, for Respondent.

KATO, C.J.

Level 3 Communications, LLC, (Level 3) appeals summary judgment orders concluding it trespassed by installing underground telecommunications lines in a railroad right-of-way that crosses property owned by Kershaw Sunnyside Ranches, Inc. (Kershaw). It contends the railroad that approved the installation owned the right-of-way in fee simple; alternatively, it contends the lines are an incidental use of the right-of...

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