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CLARK v. TEEVEN HOLDING CO., INC.

Civ. A. No. 11763.

625 A.2d 869 (1992)

Edwin H. CLARK, II, Secretary, Department of Natural Resources and Environmental Control of the State of Delaware, Plaintiff, v. TEEVEN HOLDING COMPANY, INC., a Delaware corporation, Defendant/Third-Party Plaintiff, v. M & M CLEANERS, INC., a Delaware corporation, The Estate of Grace W. McCambridge, Dorothy Ann Rash, Grace Rose McElwee, Karen Regina Blevins, Newark Cleaners and Dyers, Inc., a Delaware corporation, James H. Cox and Aldona L. Cox, Third-Party Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: December 16, 1992.

Attorney(s) appearing for the Case

Kevin P. Maloney, Deputy Atty. Gen., Department of Natural Resources and Environmental Control, Wilmington, for plaintiff.

Richard J. Abrams, Robert W. Whetzel, and Peter L. Frattarelli, Richards, Layton & Finger, Wilmington, for defendant/third-party plaintiff Teeven Holding Co., Inc.

Michael J. Goodrick, and Richard L. Abbott, Theisen, Lank, Mulford & Goldberg, P.A., Wilmington, for third-party defendants, M & M Cleaners, Inc., Dorothy Ann Rash, Grace Rose McElwee, Karen Regina Blevins and The Estate of Grace W. McCambridge.

Anthony G. Flynn, Young, Conaway, Stargatt & Taylor, Wilmington, for third-party defendants Newark Cleaners and Dyers, Inc., James H. Cox and Aldona L. Cox.

HARTNETT, Vice Chancellor.

This controversy arose because the purchaser of a parcel of real estate, Teeven Holding Company, Inc. ("Teeven"), discovered that the lands it purchased were contaminated by seepage from an underground storage tank.

Teeven and the State then entered into a Consent Agreement providing for the removal of the contaminant. Immediately after the Consent Agreement was entered into, the State brought...

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