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Tuesday, November 20, 2007

Ind. Decisions - Court grants transfer in South Bend environmental case

The formal transfer list will follow later this week, but the ILB has received notice of one case having been granted transfer:

Cooper Industries, LLC. v. The City of South Bend (see ILB COA entry here) is a COA opinion issued April 11th, that concluded:

In light of the evidence presented, summary judgment is appropriate as to the City’s claim under ELA statute [Environmental Legal Action Statute, IC 13-30-9-1 ]. Pursuant to the general purpose of a statute of limitations, we hold that the discovery of an injury, not the development of a new statute, commences the running of the statute of limitations. Here, the City began to acquire portions of the property and to assess the environmental condition of the site as early as 1986. This is not disputed by the City. Applying the six-year statute of limitations found in Indiana Code section 34-11-2-7 bars the City’s March 19, 2003 ELA claim.

Conclusion Concluding that the City’s claims under the common law tort theories of negligence, trespass, public and private nuisance, as well as its statutory claim under the ELA are all barred by the six-year statute of limitations, we reverse the order of the trial court, and remand for proceedings consistent with this opinion.

Posted by Marcia Oddi on November 20, 2007 05:14 PM
Posted to Indiana Transfer Lists