Mayer v. City of Seattle

— Kurtis Mayer sued the respondents in tort and for violations of Washington’s Model Toxics Control Act (MTCA), 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 on the tort claims had expired. Further, the court abused its discretion in awarding Mayer $274,302.05 in attorney fees on the MTCA claim. Therefore, we reverse and remand…