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ALPENTAL COMMUNITY CLUB v. SGS

No. 49850-9-I.

86 P.3d 784 (2004)

ALPENTAL COMMUNITY CLUB, INC., a Washington nonprofit corporation; Robert Kevin Johnson and Pamela Jean Ferguson, husband and wife, Respondents, v. SEATTLE GYMNASTICS SOCIETY, a Washington corporation; Sahalie Ski Club, Inc., a Washington corporation; S.F. Hill Lumber Co., Inc., a Washington corporation; and Portac, Inc., a Washington corporation, Appellants.

Court of Appeals of Washington, Division 1.

Publication Ordered March 22, 2004.

Attorney(s) appearing for the Case

Joseph P. Lawrence, Lawrence and Versnel PLLC, Seattle, for Portac, Appellant.

Eric Louis Freise, Jill Renee Skinner, Attorney at Law, Seattle, for S.F. Hill Lumber Co., Appellant.

John Robert McDowall, Carney Badley Spellman, Seattle, WA, for Sahalie Ski Club & Seattle Gymnastics, Appellants.

Frank Raymond Siderius, Siderius Longeran & Martin LLP, Seattle, WA, for Alpental Community Club, Pamela Jean Ferguson and Robert Kevin Johnson, Respondents.

Ann Forest Burns, Bruce Henry Williams, Seattle, WA, for Washington Farm Forest, Petitioner.

COX, A.C.J.

The Right-to-Farm Act bars nuisance actions against those engaged in "forest practices" where such practices were established prior to surrounding nonforestry activities.1 The bar is subject to the further condition that the activity not have a substantial adverse effect on the public health and safety.2 The trial court made no express determination that the activities here had such a substantial...

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