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WM. DICKSON CO. v. PIERCE COUNTY

No. 31798-2-II.

116 P.3d 409 (2005)

WM. DICKSON COMPANY, a Washington Corporation, Appellant, v. PIERCE COUNTY, a Washington Municipal Corporation, Respondent.

Court of Appeals of Washington, Division Two.

July 19, 2005.

Attorney(s) appearing for the Case

Douglas Wayne Hales, Attorney at Law, Olympia, WA, for Appellant.

Ronald La Mar Williams, Pierce County Prosecutors Office, Tacoma, WA, for Respondent.

HOUGHTON, P.J.

¶ 1 The Wm. Dickson Company (Dickson) appeals an order dismissing its breach of contract lawsuit, arguing that material facts precluded summary judgment. We agree and reverse and remand for further proceedings.

FACTS

¶ 2 Pierce County (County) owns a gravel pit adjacent to Waller Road. Dickson is a construction company that owns a neighboring gravel pit.

¶ 3 In 1973, the County entered into a lease and real estate...

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