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DASH POINT VILLAGE ASSOC. v. EXXON CORP.

No. 36382-4-I.

937 P.2d 1148 (1997)

86 Wash.App. 596

DASH POINT VILLAGE ASSOCIATES, a Washington joint venture, composed of Heartland Private Capital, a Washington corporation; and Kornreich Morgen Realty Company, a California corporation; and Robert Irmas as Administrator for the Audrey & Sydney Irmas Charitable Foundation, Respondents, v. EXXON CORPORATION, a New Jersey corporation; and BP Exploration & Oil Inc., an Ohio corporation; Appellants, Douglas B. Still and Jane Doe Still, and the marital community composed thereof; Anthony A. Rossi and Rita Rossi, and the marital community composed thereof, Defendants.

Court of Appeals of Washington, Division 1.

June 9, 1997.

Attorney(s) appearing for the Case

Linda Blohm Clapham, Lane Powell Spears Lubersky, Seattle, for Appellant Exxon Corporation.

Philip Randolph Meade, Seattle, for Appellant BP Exploration & Oil Inc.

Thomas A. Newlon, Port of Seattle, Legal Dept., Seattle, for Amicus Curiae Washington Public Ports Assoc.

Scott Michael Missall, Brian Edward Lawler, Eric Einhorn, Lawler & Burroughs, P.C., Seattle, for Respondents.

GROSSE, Judge.

After gasoline from an Exxon station contaminated the groundwater below a neighboring shopping center owned by Dash Point,1 a jury found Exxon liable under the Model Toxics Control Act (MTCA) and awarded Dash Point its costs and expenditures for remediation of the shopping center property. On appeal, Exxon does not dispute its liability for the cleanup of the Dash Point property...

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