No. 31798-2-II. July 19, 2005. Douglas W. Hales, for appellant. Gerald A. Horne, Prosecuting Attorney, and Ronald L. Williams, Deputy, for respondent. HOUGHTON, J. ¶1 The Wm. Dickson Company (Dickson) appeals an order dismissing its breach of contract lawsuit, arguing that material facts precluded summary judgment. We agree and reverse and remand for further proceedings. FACTS ¶2 Pierce County (County) owns a gravel pit adjacent to Waller Road. Dickson is a construction company that owns a neighboring