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JDN Props., LLC v. VanMeter Enterprises, Inc.

Court of Appeals of Indiana

September 19, 2014

JDN PROPERTIES, LLC., Appellant-Plaintiff,
v.
VANMETER ENTERPRISES, INC., Appellee-Defendant

APPEAL FROM THE KOSCIUSKO CIRCUIT COURT. The Honorable Michael W. Reed, Judge. Cause No. 43C01-1101-PL-2.

ATTORNEYS FOR APPELLANT: N. REED SILLIMAN, KAREN T. MOSES, Faegre Baker Daniels, LLP, Fort Wayne, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY P. CAFOUROS, JENNIFER L. WATT, Kroger Gardis & Regas, LLP, Indianapolis, Indiana.

BARNES, Judge. FRIEDLANDER, J., and MATHIAS, J., concur.

OPINION

Page 358

BARNES, Judge

Case Summary

JDN Properties, LLC, (" JDN" ) appeals the trial court's grant of summary judgment in favor of VanMeter Enterprises, Inc. (" VEI" ). We reverse and remand.

Issue

The sole restated issue before us is whether there is any evidence VEI caused or contributed to ground pollution in land that VEI sold JDN, as required to support JDN's claim against VEI under Indiana's

Page 359

Environmental Legal Actions (" ELA" ) statute.

Facts

In 1983, Farm Tech, Inc., sold land to VEI located in Warsaw. J. Brock VanMeter, Sr., was the president of Farm Tech as well as the sole shareholder, director, and incorporator of VEI. After sale of the property, VEI leased the land back to Farm Tech; Farm Tech then conducted its business operations on the site. The property contained ...


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