Month: April 2012

Court allows Claim To Proceed Against Home Builder For Failing To Disclose Wetlands

In Stalvey v. NVR, Inc., 2012 U.S. Dist. LEXIS 2506 (N.D. Ohio 1/09/12), the plaintiffs entered into an Ohio Purchase Agreement with defendant for the construction and purchase of a house. As part of the Agreement, defendant provided plaintiff with a Topographic Survey & Improvement Plan that did not depict the presence of wetlands on …

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Wisconsin Appeals Ct Says Corporate Agents May Be Individually Liable for Misstatements in Property Condition Reports

In Ferris v. Location 3 Corp., 804 N.W.2d 822 (Wisc. Ct. App.  2011), the plaintiff Ferris purchased real property located from defendant Location 3 Corporation.3 Sometime after closing, Ferris discovered that the landfill adjacent to his property was also a Superfund4 site. Ferris then filed a complaint against Location 3 and certain employees of firm …

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Seller Allows Broker To Draft Environmental Condition and Then Loses Breach of Contract Case

Hager’s of Cohasset, Inc. v. Nelson, 2011Minn. App. Unpub. LEXIS 156 (Minn.Ct. App. Feb. 15, 2011) is yet another lesson from a long line of cases that illustrate the risks of not using counsel for commercial property transactions especially those have problematic environmental issues. In this case, the plaintiff operated a fuel-oil business. In October 2007, …

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No Arranger Liability For Migration of Contaminated Groundwater

Hobart Corp v Waste Management of Ohio, 2011 U.S. Dist. LEXIS 148224 (S.D.Ohio 2/10/11) is an obscure decision from 2011 but has some complaint drafting lessons. This case started off as a classic CERCLA contribution action for a landfill cleanup. The plaintiff entered into a settlement with EPA to perform an RI/FS and then decides …

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GAO Report Discusses Concerns About Pipelines Used For Fracking Operations

Approximately 2.5 million miles of pipelines transverse the United States carrying hazardous liquids and natural gas from producing wells to end users (residences and businesses). Many of these pipeline networks are aging while others such as natural gas gathering pipelines remain largerly unregulated. Moreover, development has encroached on many of pipelines that were formerly located …

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