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Equity Asset Corp. v. B/E Aerospace

ELR Citation: 35 ELR 20199
Nos. No. 04-2245-KHV, (D. Kan., 09/29/2005)

A court dismisses on motions for summary judgment landowner's trespass, negligence, and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claims against their neighbor for groundwater contamination. The landowners failed to set forth evidence that their neighbor breached a duty of care. Further, while they have generally asserted in answers to interrogatories that their property has suffered damages and will suffer damages, the record contains no evidence or affidavits as to their remaining damage claims for insurance premiums and diminution in the value of the property. The trespass claim was also without merit. The landowner offers no evidence that the entry of contaminants was purposeful or substantially certain to occur, that the neighbor intended contaminants to enter the landowner's property, or that the neighbor even caused the contamination to enter the landowner's property. Defendant, therefore, is entitled to summary judgment on this claim. And the CERCLA claim is not ripe.