TAYGETA CORPORATION v. VARIAN ASSOCIATES, INC.


436 Mass. 217 (2002)

TAYGETA CORPORATION v. VARIAN ASSOCIATES, INC.

Supreme Judicial Court of Massachusetts, Essex.

March 7, 2002.


Attorney(s) appearing for the Case

Eric W. Wodlinger (H. Hamilton Hackney, III, with him) for the plaintiff.

Seth D. Jaffe for the defendant.

The following submitted briefs for amici curiae:

Cynthia L. Amara, R. Robert Popeo, Jeffrey R. Porter, & Andrew N. Nathanson for Associated Industries of Massachusetts & another.

Thomas F. Reilly, Attorney General, & James R. Milkey, Assistant Attorney General, for the Commonwealth.

Jan Richard Schlichtmann for Wenham Lake Watershed Association.

Present: GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


SPINA, J.

Taygeta Corporation (Taygeta), the owner of real property at 31 Tozer Road in Beverly (site), filed a complaint against Varian Associates, Inc. (Varian), the former owner of real property in Beverly located to the northeast of the site (Varian property), to recover damages for groundwater contamination at the site caused by Varian. A Superior Court judge denied Taygeta's motion for summary judgment, granted Varian's motion for summary judgment, and dismissed...

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