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K & K Recycling11/14/2003
e, the performance bond, and K&K;s moving plan. AGC forwarded Seuffert's objections to K&K;and told K&K;to deal directly with him. On September 2, 1998, K&K;provided both a new insurance certificate to meet Seuffert's objections and the Corps letter indicating that no permit was needed. On September 8, following Seuffert's compromise offer to resolve the performance bond issue, K&K;agreed to allow title to the dredge to remain in Seuffert's name until the dredge was removed from the property.
On September 9 Seuffert authorized K&K;to remove the dredge and its associated equipment and facilities on #5 Below Discovery. The next day, K&K;informed Seuffert that it would commence removal operations on September 12. When K&K;arrived on September 12 to start moving the dredge, Seuffert had partially removed the berm blocking the access road but had left his camp in front of the dredge. K&K;finished the berm removal and asked Seuffert to move his camp as it was blocking the easiest route for removing the dredge, but Seuffert refused. K&K;thus had to excavate and backfill a pit and construct a ramp in poor soil, but it successfully removed the dredge from the dredge pond. Once K&K;had the dredge moving, In-grid Seuffert asked their neighbor and lessee Crystal Fagundes-Burns to block K&K;from crossing her lease, but she declined. Seuffert then required K&K;to build a ramp to cross the Taylor Highway. K&K;nonetheless timely moved the dredge, completing the move on October 12. This was twenty days later than K&K;s initial estimate, which had been based upon using the easiest route.
Prior to beginning removal operations on September 12, K&K;told Seuffert that it believed that not all of the "attached equipment and related facilities" covered by the agreement were on #5 Below Discovery. Seuffert offered to let Karl inspect "the other areas of property" and tag those items to which K&K;believed it was entitled. On September 17 Karl and Seuffert walked #5 and #6 Below Discovery together and tagged items. Karl offered to give some of the disputed items to Seuffert, with K&K;getting most of the items on #5 Below Discovery and in the "pipe yard"; Seuffert accepted, and they shook hands. K&K;began removing the agreed-upon equipment and facilities on October 12, the same day it completed the dredge move. On October 13 Karl discovered items in an old mining camp, the Old Town of Chicken, that he believed went with the dredge. After K&K;finished removing the agreed-upon items, K&K;advised Seuffert that there were items in the Old Town that it wanted. After several unsuccessful attempts to procure the equipment and facilities in the Old Town, K&K;proceeded with litigation. K&K;conducted a court-authorized inspection of the Old Town in July 1999, discovering property it claimed was associated with the dredge.
B. Procedural History
In early September 1998, K&K;filed a complaint and a motion for a temporary restraining order and preliminary injunction to gain access to remove the dredge. The injunction hearing occurred on September 21 before pro tem Superior Court Judge Raymond M. Funk. By that point, K&K;had started removal, so there was no need to consider an injunction. The hearing therefore addressed the moving of the dredge and the agreement between Seuffert and K&K;concerning the "pipe yard" equipment.
Following K&K;s court-authorized inspection of the Old Town, Seuffert filed a summary judgment motion in August 1999 contending that K&K;was not entitled to the Old Town or its contents under its agreement with AGC or, alternatively, that K&K;and Seuffert had reac
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