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HANSON INDUSTRIES INC. v. KUTSCHKAU

Nos. 27315-6-III, 27600-7-III, 27718-6-III, 27723-2-III.

239 P.3d 367 (2010)

HANSON INDUSTRIES INC., a Washington corporation, Respondent, v. Orvis D. KUTSCHKAU Jr., and Elaine M. Kutschkau, husband and wife, and Central Terminals, LLC, a Washington limited liability company; ConAgra Foods Lamb Weston, Inc., Appellants.

Court of Appeals of Washington, Division 3.

September 16, 2010.

Attorney(s) appearing for the Case

Peter A. Witherspoon , Attorney at Law, Lawrence W. Garvin , Workland & Witherspoon, Spokane, WA, for Appellants.

Peter A. Witherspoon , Spokane, WA, Jennifer Tanya Barnett , Cascadia Law Group, Olympia, WA, for Defendants.

Brian Henry Miller , Attorney at Law, Othello, WA, for Respondent.

Craig Michael Liebler , Ronald Francis St. Hilaire , Liebler Connor Berry & St. Hilaire PS, Kennewick, WA, Jennifer Tanya Barnett , Joseph Anthony Rehberger , Cascadia Law Group PLLC, Olympia, WA, for Appellants/Cross-Respondents.

KULIK, C.J.

¶ 1 The central controversy here is a dispute between private parties over the ownership of a water permit application. In 1995, property owners Orvis and Elaine Kutschkau sold their property, known as the U & I Sugar Plant, to Hanson Industries, Inc. (Hanson).1 Prior to the sale, the Kutschkaus filed a permit application with the Department of Ecology (Department) to withdraw artificially stored ground water (ASGW...

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