VICWOOD MERIDIAN PARTNERSHIP v. SKAGIT SAND & GRAVEL

No. 29623-3-II.

98 P.3d 1277 (2004)

VICWOOD MERIDIAN PARTNERSHIP, a Washington partnership; Lewis Fairfield, an individual; Renate Gillespie, an individual; Joseph Picucci and Ursula Picucci, husband and wife; Starling Ridgeway and Amy Ridgeway, husband and wife; James Rosmaryn, an individual; Carmille St. Onge, an individual; Richard Stickell and Christel Stickell, husband and wife, Plaintiffs, v. SKAGIT SAND AND GRAVEL, a Washington sole proprietorship; and Thurston County, a municipal corporation, Defendants. Thurston County, a municipal corporation, Appellant/Third Party Plaintiff, v. The Ostrom Company, a Washington corporation d/b/a Ostrom Mushroom Farms, Respondent/Third Party Defendant.

Court of Appeals of Washington, Division 2.

October 19, 2004.


Attorney(s) appearing for the Case

Mark Mc Lean Myers, Attorney at Law, Daniel W. Ferm, Williams Kastner & Gibbs, PLLC, Seattle, WA, for Respondents.

Jeffrey George Fancher, Attorney at Law, Thurston Co. Pros. Atty., Olympia, WA, Timothy Harold Butler, Svend A. Brandt—Erichsen, Heller Ehrman White & McAuliffe, LLP, Seattle, WA, Appellants.


BRIDGEWATER, J.

Thurston County appeals the trial court's summary judgment that held Ostrom Company not liable for contribution for nuisance and negligence claims for damages arising from its operation of the Thurston County landfill. We hold that the Right-to-Farm Act protects Ostrom from contribution because its compost preparation procedure for its mushroom farm is an agricultural activity "that occurs in connection with the commercial production of farm products...

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