[CPEO-BIF] Michigan "Condo owner wins judgment for improperly cleaned brownfield site"

[Lenny Siegel <lsiegel@cpeo.org>]

Condo owner wins judgment for improperly cleaned brownfield site


By Saulius Mikalonis
MLive.com (Michigan)
October 20, 2011

In 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
<lsiegel@cpeo.org>
http://www.cpeo.org

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