Elkhart Foundry & Machine Co., Inc. v. City of Elkhart Redevelopment Commission for the City of Elkhart
Indiana Court of Appeals
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…
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