Saddle Mountain Minerals, L.L.C. v. Joshi

(dissenting) — This litigation arises from the development of an 18.16-acre tract. In 1993 the City of Richland rezoned the property R-2 (high density residen*206tial), under which mining is prohibited. Richland Municipal Code 23.24.080. In 1995, Saddle Mountain Minerals bought the mineral rights, nonetheless.

In 1999 Arun and Vandana Joshi bought the property and started a residential subdivision. Some parts of the land had to be graded or cut, while others had to be built up, or filled. Clerk’s Papers (CP) at 345. Whether the Joshis also removed some topsoil from the property is a disputed fact.…