IOWA COMPREHENSIVE PETROLEUM v. MOBIL OIL

No. 98-914.

606 N.W.2d 367 (2000)

IOWA COMPREHENSIVE PETROLEUM UNDERGROUND STORAGE TANK FUND BOARD, Appellant, v. MOBIL OIL CORPORATION, Appellee.

Supreme Court of Iowa.

February 16, 2000.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, David R. Sheridan and David S. Steward, Assistant Attorneys General, and John R. Perkins and John C. Conger of Pingel & Templer, P.C., West Des Moines, for appellant.

Robert V.P. Waterman, Jr. and Judith L. Herrmann of Lane & Waterman, Davenport, for appellee.

Peter Lehner, New York, New York, for amicus curiae Natural Resources Defense Council, Inc.

Considered en banc.


CADY, Justice.

The Iowa Comprehensive Petroleum Underground Storage Tank Fund Board appeals from a summary judgment entered by the district court finding Mobil Oil Corporation was not an "operator" under the Comprehensive Petroleum Underground Storage Tank Fund Act, Iowa Code chapter 455G (1997) (Tank Fund Act). We affirm the district court judgment.

I. Background Facts and Proceedings.

Mobil owned a gas station in Boone, Iowa from 1952 to 1958....

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