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Miller v. Mandrin Homes, Ltd.

ELR Citation: 37 ELR 20057
Nos. No. CCB-05-3025, (D. Md., 02/28/2007)

A district court dismissed a family's claims that a developer exposed them to contaminated land and failed to disclose material facts about their home and property in violation of the Comprehensive Environmental Response, Compensation, and Liability Act and Maryland law. The family alleged that the developer knew, or should have known, that prior to the family's acquisition of the property, the lot was part of a solid and hazardous waste dump. They also claimed that the developer caused the release, discharge, and disposal of hazardous substances onto the property and groundwater by grading the land and disturbing the groundwater in and around the lot. But because the family failed to offer scientifically valid, relevant, and admissible evidence relating to the existence of a landfill, whether toxins were released into the house, and whether the house was structurally unsound, the developer is entitled to summary judgment on all counts.