Monarch Title, Inc. v. City of Florence

212 F.3d 1219 (2000)

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Monarch Title, Inc. v. City of Florence

United States Court of Appeals for the Eleventh Circuit
212 F.3d 1219 (2000)

SC

Facts

In 1952, the City of Florence (Florence) (defendant) in Alabama purchased property for the purpose of economic development. Florence then leased the property to Stylon. Florence issued bonds to pay for the property and secured a mortgage, committing Stylon’s rent payments to repay the bonds. In 1973, Florence leased the property to Monarch Title, Inc. (Monarch) (plaintiff). Florence retained title of the property and continued making payments on the bonds, but Monarch managed the facility and retained all other indicia of ownership. Monarch learned that from 1953 until Stylon’s bankruptcy in 1973, Stylon discharged hazardous waste on the property. Monarch had also discharged hazardous waste on the property but asserted that most of the environmental damage was caused by Stylon. The Environmental Protection Agency ordered Monarch to clean up the property pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Monarch sued Florence, seeking to hold Florence liable for a portion of the cleanup costs. The district court granted Florence’s motion for summary judgment under an exception to CERCLA liability. Monarch appealed.

Rule of Law

Issue

Holding and Reasoning (Hall, J.)

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