THOMAS CTR. OWNERS v. ROBERT THOMAS TRUST

No. 81987-9-I.

501 P.3d 608 (2022)

THOMAS CENTER OWNERS ASSOCIATION, Respondent, v. The ROBERT E. THOMAS TRUST and Michael Hytopoulos, Trustee, Appellant. Hadley Improvements Owner LLC, Intervenor Plaintiff, v. The John's Real Estate Corporation, a Washington corporation, Respondent, The Robert E. Thomas Trust and Michael Hytopoulos, Trustee, Thomas Center Owners Association, a Washington Nonprofit Corporation, Estates of Robert L. Pollock, and Thomas A. Wolthausen, Personal Representative, Intervenor Defendants. Estates of Robert L. Pollock, and Thomas A. Wolthausen, Personal Representative, Third Party Plaintiff, v. Hadley Land Owner, LLC, a Delaware Limited Liability Company, Whirlpool Corporation, a Delaware Corporation, Syhadley LLC, a Delaware Limited Liability Company, and Keeler 2013, LLC, a Washington Limited Liability Company, Third Party Defendants. Whirlpool Corporation, a Delaware Corporation, Fourth Party Plaintiff, v. Borg Warner Morse Tech LLC, Fourth Party Defendant.

Court of Appeals of Washington, Division 1.

FILED January 3, 2022.


Attorney(s) appearing for the Case

Matthew Thomas Adamson , Jameson Pepple Cantu PLLC, 801 2nd Ave., Ste. 700, Seattle, WA, 98104-1573, for Appellant.

Mark Mclean Myers , Attorney at Law, 601 Union St., Ste. 4100, Seattle, WA, 98101-1368, Bridget Tomlinson Schuster , Williams Kastner, 601 Union St., Ste. 4100, Seattle, WA, 98101-1368, Christopher Ian Brain , James M. Bulthuis , Tousley Brain Stephens PLLC, 1200 5th Ave., Ste. 1700, Seattle, WA, 98101-3147, for Respondent.


PUBLISHED OPINION

¶ 1 The Robert E. Thomas Trust (the Trust) appeals from the judgment entered in an action initiated by the Thomas Center Owners Association (the Association) pursuant to the Model Toxics Control Act (MTCA).1 The Trust contends that the trial court erred by concluding that an...

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