Legal Opinion

Elkhart Foundry & Machine Co., Inc. v. City of Elkhart Redevelopment Commission for the City of Elkhart

Indiana Court of Appeals

Decided October 3, 2018No. Court of Appeals Case 20A03-1709-CT-2136PublishedCited by 8 opinions

1Opinion of the Court

Vaidik, Chief Judge.

Case Summary

[1] This case concerns the efforts of the City of Elkhart and its Redevelopment Commission ("the City") to rehabilitate a former industrial site situated along the Elkhart River in the city's downtown. The City has sued Elkhart Foundry & Machine Co. ("the Foundry"), which operated on the site until 2004. One of the statutes relied upon by the City is Indiana Code section 13-30-9-2, which took effect in 1998 and which, generally stated, provides that a person who cleans up a contaminated site can bring an "environmental legal action"

*1125 (ELA) for the recovery of…

2Cases cited9 opinions

  1. Antonio Hughley v. State of Indiana, The Consolidated City of Indianapolis/Marion County, and The Indianapolis Metropolitan Police DepartmentIndiana Supreme Court · 2014
  2. Burlington Northern & Santa Fe Railway Co. v. United StatesSupreme Court of the United States · 2009
  3. Henley v. StateIndiana Supreme Court · 2008
  4. Cooper Industries, LLC v. City of South BendIndiana Supreme Court · 2009
  5. Pabey v. PastrickIndiana Supreme Court · 2004

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3Cited by8 opinions

  1. Haber Land Co. v. Am. Steel City Indus. Leasing, Inc.District Court, S.D. Indiana · 2019
  2. AOX, Inc. and Brian Piunti v. Lake County Trust Company, Trust 4210 and Trust 5061, and Alex EmmanoilidisIndiana Court of Appeals · 2019
  3. CSX Transportation, Inc. v. Zayo Group, LLCCourt of Appeals for the Seventh Circuit · 2026
  4. Hostetler v. Johnson Controls IncDistrict Court, N.D. Indiana · 2021
  5. Impact Holdings LLC v. Coupled Products LLCDistrict Court, N.D. Indiana · 2025

3 more not listed; retrieve them via the Exa API.

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