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MAYER v. CITY OF SEATTLE

No. 44775-1-I.

10 P.3d 408 (2000)

102 Wash.App. 66

Kurtis R. MAYER and Pamela Mayer, husband and wife Appellants/Cross-Respondents, v. The CITY OF SEATTLE, a municipal corporation, and John D. McFarland an individual, and Holnam, Inc., a Delaware corporation, Respondents/Cross-Appellants. John D. McFarland, an individual and The City of Seattle, a municipal corporation, Third Party Plaintiffs, v. ASARCO, Inc., a New Jersey corporation, RSR Corporation, a Texas corporation, John H. Yates and Jane Doe Yates, and the marital community thereof; Yates Stables Company; Duwamish Excavating and Trucking; and Ernie Williams Company, Third Party Defendants.

Court of Appeals of Washington, Division 1.

Publication Ordered August 31, 2000.

Attorney(s) appearing for the Case

Warren J. Daheim, Bradley B. Jones, Gordon, Thomas, Honeywell, et al., Tacoma, for Appellants.

Joel E. Wright, Lee, Smart, Cook, Martin & Patterson, John W. Phillips, Heller, Ehrman, White & McAuliffe, Theodore H. MilIan, Hackett, Beecher & Hart, Seattle, for Defendants.

John E. Lenker, John C. Bjorkman, Preston, Thorgrimson, Ellis & Holman, William T. Willard, Peter E. Hapke, Helen B. Moure, Seattle, for Respondents.

APPELWICK, J.

Kurtis Mayer sued the respondents in tort and for violations of Washington's Model Toxics Control Act, when toxic cement kiln dust was discovered on property where Mayer wished to construct a road. A genuine issue of material fact exists regarding when Mayer reasonably should have known that the property was contaminated. Therefore, the trial court erred in ruling as a matter of law that the statute of limitations...

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