HULBERT REVOC. LIVING TRUST v. PORT EVERETT

No. 64102-6-I.

245 P.3d 779 (2011)

WILLIAM G. HULBERT, JR. AND CLARE MUMFORD HULBERT REVOCABLE LIVING TRUST, William G. Hulbert, Jr., III; Tanauan Hulbert Martin, and David Francis Hulbert, Appellants, v. PORT OF EVERETT, a Port District Under the Laws of the State of Washington, Respondent, v. William Hulbert Mill Co. Limited Partnership, a Washington Limited Partnership; Ameron International Corporation, a Delaware Corporation; and Oldcastle Precast, Inc., a Washington Corporation. Third Party Defendants.

Court of Appeals of Washington, Division 1.

January 18, 2011.


Attorney(s) appearing for the Case

Thomas Harding Wolfendale , Kymberly Kathryn Evanson , K & L Gates LLP, Seattle, WA, for Appellants.

Mark S. Nadler , Liberty Waters , The Nadler Law Group PLLC, Seattle, WA, for Respondent.

Lynn Tadlock Manolopoulos , David Joseph Ubaldi , Davis Wright Tremaine LLP, Bellevue, WA, for Other Parties.


SPEARMAN, J.

¶ 1 This appeal arises from the 1991 sale of thirty acres of land by Appellants (the Hulberts) to the Port of Everett through an Agreement of Purchase and Sale (Agreement). An exhibit to the Agreement provided for the Hulberts to indemnify the Port, for three years after the date of sale, for any liability incurred by the Port arising from the discovery and clean-up of hazardous substances existing on the Property before the date of sale. Approximately...

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