Pflanz v. Foster

SHEPARD, Chief Justice.

The question here is whether a property owner’s claim for contribution toward environmental cleanup costs is barred by the statute of limitation if the owner should have known about the contamination more than ten years before the complaint was filed. We hold that the statute of limitation does not begin to run until the owner is ordered to cleanup the property, regardless of whether an owner earlier knew or should have known about the need for cleanup.

Facts and Procedural History

Taking all the allegations in the complaint to be true, the facts are as follows. In 1976,…