OCHOA AG UNLIMITED, L.L.C. v. DELANOY

No. 23101-1-III.

114 P.3d 692 (2005)

OCHOA AG UNLIMITED, L.L.C., a Limited Liability Company, Respondent, v. William "Bill" DELANOY and Andrea Delanoy, husband and wife, d/b/a Prairieview Seed Potato, Appellants.

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

June 21, 2005.


Attorney(s) appearing for the Case

Jed W. Morris, Erika Balazs, Attorneys at Law, Spokane, WA, for Appellants.

John G. Schultz, George Fearing, Leavy, Schultz, Davis & Fearing PS, Kennewick, WA, for Respondent.

Kristen K. Mitchell, Office of The Attorney General, Olympia, WA, for Amicus Curiae.


SWEENEY, A.C.J.

¶ 1 The question presented is whether seed potatoes are seeds or planting stock under Washington's statutory scheme. The distinction is important because Washington's agricultural statutes require mandatory arbitration of disputes over seed — but not planting stock — transactions. We agree with the trial judge that seed potatoes are planting stock and, therefore, that the buyer could sue the seller here for damages without first...

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