Joseph Marcantuone and Robert Gieson owned a shopping center in which one of the

Question

Joseph Marcantuone and Robert Gieson owned a shopping center in which one of the spaces was always leased as a dry cleaners. Eventually, the city of East Orange, New Jersey, took the property by eminent domain in order to expand the facilities for a school located next to the shopping center. In performing due diligence, the city learned that solvents from the dry cleaner operations had made their way into the soil beneath the property. The city asked that Messrs. Marcantuone and Gieson pay over $200,000 for the cleanup. Can they be held liable for what the dry cleaner tenants did? [New Jersey Schools Development Authority v Marcantuone, 54 A.3d 830 (N.J.Super. 2012)]

Explanation / Answer

In this case joseph marcantuone and robert gieson should not be held liable for what the drycleaner tenants did.Because there was no discharge of hazardous substance during their ownership.The chlorinated solvent contamination issue in this case was the result of drycleaning operation conducted prior to the condemnee's purchase of the property.There was no evidence of a discharge of hazardous substance during the period of condemnee's ownership.The contamination was not discovered until after the condemner had acquired the title to the property in the condemnation action.

According to the spill act the liability is vested on a condemner who purchased contaminated property and did not undertake any examination or investigation at the time of purchase.

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