The Washington Supreme Court holds that the imposition of a permit application fee is a land use decision under the Land Use Petition Act, requiring that any challenge to the fee be filed within 21 days.
Under Washington law, intentional torts are subject to joint and several liability. Common law trespass is considered an intentional tort. The Washington Court of Appeals now says that the statutory liability for "timber trespass" also is an intentional tort, subject to joint and several liability. But is it?
The Washington Supreme Court holds that the Model Toxics Control Act (MTCA) allows a private party to recover investigative costs, such as the cost of soil testing, as long as those costs are the substantial equivalent of a remedial action conducted by the Department of Ecology.
An employer has a general duty to provide its employees with a safe workplace. This means that the employer must provide its employees with a workplace free of a recognized hazard that is likely to cause death or serious injury where there are feasible means to eliminate or materially reduce the hazard.
A party subject to an easement may continue to use its property in a reasonable manner. It may not, however, interfere with the easement holder’s use of the easement. Such interference may subject the party to liability for damages resulting from the wrongful interference.
Employers may not bring federal civil rights claims to challenge unemployment tax assessments, says the Washington Supreme Court. Washington Trucking Associations v. Employment Security Dep’t, 188 Wn.2d 198, 393 P.3d 761 (2017). Likewise, employers may not challenge assessments with state tort claims .