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SADDLE MOUNTAIN MINERALS, L.L.C. v. SANTIAGO HOMES, INC.

No. 26460-2-III.

189 P.3d 821 (2008)

SADDLE MOUNTAIN MINERALS, L.L.C., a Washington Corporation; Gary Maughan and Carol Maughan, husband and wife, Appellants, v. SANTIAGO HOMES, INC., a Washington Corporation, and Santiago Bridgewater Estates, a California Limited Partnership, Respondents.

Court of Appeals of Washington, Division 3.

Publication Ordered August 12, 2008.

Attorney(s) appearing for the Case

Gregory S. McElroy, McElroy Law Firm PLLC, Seattle, WA, for Appellants.

Stephen Templeton Osborne, Rettig, Osborne & Forgette, LLP, Kennewick, WA, for Respondents.

KULIK, A.C.J.

¶ 1 Saddle Mountain Minerals, L.L.C., owns extensive mineral rights near Kennewick, Washington. Santiago Homes and Santiago Bridgewater Estates (Santiago) own the surface rights to property burdened by Saddle Mountain's mineral rights. Saddle Mountain filed this action seeking injunctive relief and damages for statutory and common law trespass, conversion, and constitutional taking. The trial court granted summary judgment in favor of Santiago and...

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