Gunn v. Riely

fl — Terry and Petra Riely appeal the trial court’s judgment awarding damages to Robert Gunn for timber trespass on Gunn’s property. The Rielys argue that the trial court erred when it (1) applied RCW 4.24.630, the waste statute, instead of RCW 64.12.030, the timber trespass statute; (2) did not consider the Rielys’ affirmative defense that Oasis Well Drilling was liable; and (3) did not consider whether the Rielys had an implied easement. Because the trial court incorrectly applied the waste statute, RCW 4.24.630, we reverse and remand for further proceedings.

Lee, J.

FACTS

¶2 Gunn and the…