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Niecko v. Emro Marketing Company

United States District Court for the Eastern District of Michigan
769 F. Supp. 973 (1991)


Facts

In 1987, the Nieckos (plaintiffs) purchased property in Michigan from Emro Marketing Company (Emro) (defendant). State environmental law required the Nieckos to clean up hydrocarbons at the property, which had accumulated on account of the property’s prior use as a gas station. The real estate contract included language in which the Nieckos acknowledged having inspected the property, agreed to accept the property in its existing condition, and assumed liability for any damages caused by contaminated soil or other conditions on the property. After spending $140,000 to clean up the contaminants on the property, the Nieckos sued Emro, claiming that state law does not permit Emro to contract away its liability for the site’s cleanup.

Rule of Law

Issue

Holding and Reasoning (Rosen, J.)

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