|From:||Lenny Siegel <email@example.com>|
|Date:||Thu, 20 Oct 2011 23:00:14 -0700 (PDT)|
|Subject:||[CPEO-BIF] Michigan "Condo owner wins judgment for improperly cleaned brownfield site"|
Condo owner wins judgment for improperly cleaned brownfield site By Saulius Mikalonis MLive.com (Michigan) October 20, 2011In the United States, there are an estimated 130,000 to 450,000 contaminated commercial and industrial sites. Many of these properties lay empty and unused, causing a blight on their neighborhoods because no one will risk the potential environmental liability that may come with owning and developing them. These sites are commonly known as "brownfields."
...However, in a recent Michigan Court of Appeals decision, an owner of a condominium unit in a former factory successfully sued the developer of a brownfield site because they were not informed of the existence of contamination, which was never properly addressed. The plaintiffs purchased a unit in the former, redeveloped factory, based on newspaper reports and brochures that indicated the site had been cleaned up. The plaintiffs did not do their own independent investigation, however.
After purchasing the condominium, the buyers discovered that significant contamination remained on the property. They sued alleging silent fraud and negligent misrepresentation. The trial court found for the plaintiffs, but adjudged them 35 percent responsible for failing to conduct their own investigation before purchasing the unit. Both parties appealed the verdict.
... For the entire article, see http://www.mlive.com/environment/index.ssf/2011/10/post_70.html -- Lenny Siegel Executive Director, Center for Public Environmental Oversight a project of the Pacific Studies Center 278-A Hope St., Mountain View, CA 94041 Voice: 650/961-8918 or 650/969-1545 Fax: 650/961-8918 <firstname.lastname@example.org> http://www.cpeo.org _______________________________________________ Brownfields mailing list Brownfields@lists.cpeo.org http://lists.cpeo.org/listinfo.cgi/brownfields-cpeo.org
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