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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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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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