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DOUGLASS v. SHAMROCK PAVING, INC.

No. 94087-8.

406 P.3d 1155 (2017)

Harlan D. DOUGLASS and Maxine H. Douglass, husband and wife, Respondents, v. SHAMROCK PAVING, INC., a Washington corporation, Petitioner.

Supreme Court of Washington.

Filed December 21, 2017.

Attorney(s) appearing for the Case

James McPhee , John T. Drake , Witherspoon Brajcich McPhee, PLLC, 601 W. Main Ave. Ste. 714, Spokane, WA, 99201-0677, Counsel for Petitioner.

Steven John Hassing , Attorney at Law, 425 Calabria Ct., Roseville, CA, 95747-5023, Joseph Paul Delay , Delay Curran Thompson Pontarolo & Walker, 601 W. Main Ave. Ste. 1212, Spokane, WA, 99201-0684, Counsel for Respondents.

Ivy Anderson , Office of the Attorney General, Ecology, Po Box 40117, Olympia, WA, 98504-0117, Ecology Division A.G. Office, Attorney at Law, 2425 Bristol Court Sw. Second Fl., P. O. Box 40117, Olympia, WA, 98504-0117, for Amicus Curiae on behalf of Department of Ecology State of Washington.

¶ 1 Landowners Harlan and Maxine Douglass (Douglass) brought a private right of action against Shamrock Paving Inc. under the Model Toxics Control Act (MTCA), chapter 70.105D RCW, to recover costs incurred from an alleged remedial action. Shamrock trespassed onto Douglass' vacant property and spilled unknown amounts of lube...

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