The Division 1 Court of Appeals convenes for the following cases:
Weyerhaeuser NR Co. v. WA State Dept of Ecology & Pollution Control Hearings Board, case no. 861140
Weyerhaeuser and two other companies occupy a large industrial complex in Longview, WA. Stormwater discharges from the three companies are regulated by three individual NPDES permits. Weyerhaeuser appealed the three permits to the Pollution Control Hearings Board and argued that stormwater discharges from the other companies caused Weyerhaeuser to exceed the effluent limitations of its NPDES permit. And so, Weyerhaeuser argues, the permitting scheme fails to ensure compliance with water quality standards and all three permits should be remanded to the Department of Ecology. The PCHB disagreed and granted summary judgment in favor of Ecology. Weyerhaeuser appeals. COA # 861140. King County Superior Court # 23-2-21119-7.
State of Washington v. Ebrima Jobe, case no. 843290
Ebrima O. Jobe challenges his conviction of rape in the second degree on several grounds, including prosecutorial misconduct; the court’s application of the statutory sexual assault advocate privilege to protect records of an employee at the University of Washington relating to discussions with the victim; and the court’s refusal to conduct an in camera review of records involving sexual assault allegations by the same victim to determine whether they should be disclosed. Jobe also challenges the urinalysis and breathanalysis community custody conditions and imposition of the victim penalty assessment and DNA collection fee. COA # 843290. King County Superior Court # 20-1-02792-4.
Tulalip Tribes of Washington et ano v. Lexington Insurance Company et al, case no. 861158 Snohomish County Superior Court 20-2-03604-6
The Tulalip Tribes of Washington filed suit against their insurers for coverage for losses due to COVID-19, as well as various related extracontractual claims. The trial court granted the insurers’ motion to dismiss because the Tribes did not sufficiently plead direct physical loss or damage to their properties as required for coverage. The Tribes appeal. COA # 861158. Snohomish County Superior Court # 20-2-03604-31.
In re the Matter of Tony Vivolo Residuary Trust, Steven Vivolo, case no. 856766
Steven Vivolo appeals the trial court’s order finding that his brother, Nicholas, did not exercise his power of appointment as to their father’s Residuary Trust. COA # 856766. King County Superior Court # 23-4-03245-1.
