Tomorrow's opinions: June 24, 2010
The Supreme Court will issue opinions in two cases tomorrow:
McCurry v. Chevy Chase Bank, No. 81896-7 (briefs and argument). Originating in King County Superior Court, this case concerns whether bank fees charged in relation to a Washington home loan are governed by the federal Home Owners Loan Act.
The McCurrys had a mortgage through Chevy Chase, which they fully paid off. When they did so, the bank charged them a $20 fax fee and a $2 notary fee before signing the house over to them. The McCurrys paid the fees and then filed a class action suit under state law against the bank for illegal fees. The trial court dismissed it because the state law is preempted by the federal Home Owners Loan Act. The McCurrys argue that the facts of the case don't fall under the federal law.
South Tacoma Way v. State, No. 82212-3 (briefs and argument).The State Department of Transportation (DOT) sold an alley to Sustainable Urban Development #1, LLC (Sustainable). DOT failed to notify other adjacent property owners as required by law. South Tacoma Way, LLC, which also owns property next to the alley, sued DOT and Sustainable to void the contract as an ultra vires act outside DOT's authority. The trial court held that DOT was authorized to sell the property and that the failure to give notice was merely a procedural error. The Court of Appeals (Div. 2) reversed, holding that DOT is only authorized to sell property after giving notice.
