Judge: Property Owner Not Entitled To $9.7M In Damages For Access

Mealey's (September 20, 2016, 1:18 PM EDT) -- KALAMAZOO, Mich. — A defendant property owner can recover only $72,964 in damages for providing access to its land in order for a plaintiff company to remediate trichloroethylene (TCE) contamination, a federal judge in Michigan ruled Sept. 15, finding that the defendant’s request for $9.7 million in damages stemmed from the amount of time the plaintiff company has spent on remediation efforts (Newell Brands Inc. v. Kirsch Lofts LLC, No. 15-CV-597, W.D. Mich.; 2016 U.S. Dist. LEXIS 125987).

(Opinion available. Document #08-161012-001Z.)

In dealing with a...
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