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KB HOME INDIANA INC. v. ROCKVILLE TBD CORP.

No. 49A02-0909-CV-881.

928 N.E.2d 297 (2010)

KB HOME INDIANA INC., Appellant-Plaintiff, v. ROCKVILLE TBD CORP., Appellee-Defendant.

Court of Appeals of Indiana.

June 18, 2010.

Attorney(s) appearing for the Case

Peter J. Rusthoven, E. Sean Griggs, David M. Heger, Barnes & Thornburg LLP, Indianapolis, IN, Attorneys for Appellant.

Frank J. Deveau, Scott R. Alexander, Michael D. Chambers, Bradley R. Sugarman, Taft Stettinius & Hollister LLP, Indianapolis, IN, Attorneys for Appellee.

OPINION

BAKER, Chief Judge.

Today we consider the delayed ramifications of a party's discharge of pollutants onto real property that was once farmland but subsequently became a residential subdivision. While the owner of the subdivision claims that it is entitled to recover damages for negligence, nuisance, and trespass, the defendant-company insists that the subdivision's actions against it are precluded under various theories, including the economic loss...

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