ELCA Enterprises, Inc. v. Sisco Equipment Rental & Sales, Inc.

BEAM, Circuit Judge.

ELCA Enterprises (“ELCA”) alleges that two of its former tenants, Sisco Equipment Rental and Sales, Inc. (“Sisco”) and Sullair Corporation (“Sullair”), caused petroleum contamination to occur on ELCA’s property. The district court granted the defendants’ motion for summary judgment on procedural grounds but denied Sullair’s motion for attorney’s fees. We affirm in part and reverse in part.

I. BACKGROUND

ELCA owned property located at 2603 N.E. Industrial Drive in North Kansas City, Missouri. Defendants Sisco and Sullair separately rented the property from ELCA at various…