Grey v. Leach

Leach, A.C.J.

¶1 Mark and Kristina Grey, the current owners of residential property contaminated with fuel oil, *842brought this action against the former owners, James and Sue Leach.1 The Greys included in their complaint claims under the Model Toxics Control Act (MTCA or Act), chapter 70.105D RCW. We granted discretionary review of the trial court’s pretrial rulings on three affirmative defenses to these claims asserted by the Leaches. We must decide whether the statutory liability exclusion for either an “innocent purchaser” (RCW 70.105D.040(3)(b)) or a “domestic purpose” (RCW…