New York v. Shore Realty Corp.
United States Court of Appeals for the Second Circuit
759 F.2d 1032 (1985)
- Written by Craig Conway, LLM
Facts
The State of New York (plaintiff) filed suit in federal district court against Shore Realty Corporation (Shore) and its principal officer and stockholder, Donald LeoGrande (defendants), for injunctive relief and to recover cleanup costs under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of a hazardous waste site owned by defendants. Defendants acquired the land for a condominium development with full knowledge that the site’s previous owner had used it to store over 700,000 gallons of toxic and carcinogenic hazardous waste in underground tanks and that some of the chemicals had begun to leach into the groundwater and surrounding natural waters. The district court held defendants liable under CERCLA. Defendants appealed.
Rule of Law
Issue
Holding and Reasoning (Oakes, J.)
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