229 Main Street Ltd. Partnership v. Commonwealth of Massachusetts, Department of Environmental Protection

MEMORANDUM AND ORDER

SARIS, District Judge.

I. INTRODUCTION

This case springs from the cleanup of contaminated drinking water wells in Na-tick, Massachusetts. The Department of Environmental Protection of the Commonwealth of Massachusetts (“the Commonwealth”), the appellee, seeks to perfect an environmental superlien against the contaminated property of appellant, 229 Main Street Limited Partnership, for the cleanup costs. The sole issue on appeal is whether the Bankruptcy Court correctly held that the post-petition creation and perfection of the environmental superlien by the Commonwealth…