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Summary judgment upheld in contamination case

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The former owners of a Beech Grove shopping plaza that once contained a laundry and dry cleaning business that contaminated soil and groundwater cannot be held liable due to the statute of limitations, the Indiana Court of Appeals ruled.

The Peniel Group and Beech Grove Holdings LLC have owned and managed Churchman Hill Plaza since September 2005. Beech Grove Holdings filed a complaint against the former owners in 2008, after an assessment found the dry-cleaning solvent tetrachloroethene, known as PCE, more than 10 years after the last use of the dry-cleaning equipment.

Prior spills had been remediated through the Indiana Department of Environmental Management, and the trial court granted summary judgment for the defendants, finding the statute of limitations had run out under Indiana’s Environmental Legal Action statutes adopted in 1988.

A unanimous appeals court ruling written by Senior Judge Carr Darden held that the statute of limitations for an action under those laws must be initiated within six years.

“Beech Grove Holdings’s predecessor-in-interest knew of the contamination of the site for at least eight years before Beech Grove Holdings commenced the action. We therefore find that Beech Grove Holdings is barred from bringing its claim under the ELA,” Darden wrote, affirming the court’s summary judgment for Kenneth G. and Linda A. Schaefer, Betty Benefiel, Janet Beeler, and Charles and Beth Dodson.    

 

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  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

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  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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