Renee Hogendorf, Respondent, vs. James J. Green, Jr., et al., Appellants
Court of Appeals of Minnesota
1. The state’s involvement in the investigation or cleanup of a released hazardous substance does not preclude a claim under the Minnesota Environmental Response and Liability Act (MERLA), Minn. Stat. §§ 115B.01-.20 (2024). 2. As it appears in the definition of “release” under Minn. Stat. § 115B.02, subd. 15(b)(4), the term “residue” does not include “rinsate” as defined by Minn. Stat. § 18B.01, subd. 25 (2024). 3. Whether damages awarded under Minn.
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1. The state’s involvement in the investigation or cleanup of a released hazardous substance does not preclude a claim under the Minnesota Environmental Response and Liability Act (MERLA), Minn. Stat. §§ 115B.01-.20 (2024). 2. As it appears in the definition of “release” under Minn. Stat. § 115B.02, subd. 15(b)(4), the term “residue” does not include “rinsate” as defined by Minn. Stat. § 18B.01, subd. 25 (2024). 3. Whether damages awarded under Minn. Stat. § 115B.04 are “reasonable and necessary” is a factual determination for the district court. 4. A party may be awarded damages for the…
1Opinion of the Court
STATE OF MINNESOTA IN COURT OF APPEALS A24-1981 Renee Hogendorf, Respondent, vs. James J. Green, Jr., et al., Appellants. Filed September 15, 2025 Affirmed Wheelock, Judge Anoka County District Court File No. 02-CV-22-678 William A. Cumming, Laura H. Lindsay, William M. Florek, Hessian & McKasy, P.A., Minneapolis, Minnesota (for respondent) Cara C. Passaro, Stephen P. Couillard, Stich Angell, P.A., Minneapolis, Minnesota (for appellants) Considered and decided by Wheelock, Presiding Judge; Ross, Judge; and Connolly, Judge. SYLLABUS 1. The state’s involvement in the investigation or cleanup of…
2Cases cited21 opinions
- State v. ThonesavanhSupreme Court of Minnesota · 2017
- Christianson v. HenkeSupreme Court of Minnesota · 2013
- Moorhead Economic Development Authority v. AndaSupreme Court of Minnesota · 2010
- Rogers v. MooreSupreme Court of Minnesota · 1999
- State Ex Rel. Trimble v. HedmanSupreme Court of Minnesota · 1971
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