Jump to Navigation
Jump to Content

Paxton v. Wal-Mart Stores, Inc.

ELR Citation: 38 ELR 20140
Nos. No. L-07-1220, (Ohio Ct. App., 05/23/2008)

An Ohio appellate court upheld the dismissal of a property owner's state contribution claim against a mega-store for costs incurred cleaning up mercury and lead contamination at a recycling facility. The owner failed to prepare and submit a "no further action letter" necessary to pursue contribution under state statute. The owner can only recover if the action he took constitutes a "voluntary action" in accordance with the governing statutes. And in order for the owner's conduct to be considered a voluntary action, thereby entitling him to seek contribution, he was required to obtain a no further action letter.