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SCOTT v. NG US 1, INC.

No. 05-P-1050.

67 Mass. App. Ct. 474 (2006)

WAYNE SCOTT, trustee, v. NG US 1, INC., & others.

Appeals Court of Massachusetts, Suffolk.

October 2, 2006.

Attorney(s) appearing for the Case

Evan Slavitt for the plaintiff.

Robert C. Kirsch for NG US 1, Inc.

Martin C. Pentz (Karen L. Crocker with him) for Boston Gas Company.

Present: Lenk, Cypher, & Graham, JJ.

CYPHER, J.

The plaintiff, Wayne Scott, trustee of 12 Woodbury Court Trust, purchased property in Salem in January, 2002, with the plan to build two townhouses. As construction got underway, Scott discovered that the site was contaminated with material resembling coal tar. The likely source of the contamination was the property on the northern boundary, formerly home to a gas manufacturing plant that used coal in the production of gas in the 1800's. Scott has since...

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