Short Creek Development, LLC v. MFA Incorporated

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHWESTERN DIVISION SHORT CREEK DEVELOPMENT, ) LLC, et al., ) ) Plaintiffs, ) ) vs. ) No. 22-05021-CV-SW-WBG ) MFA INCORPORATED, ) ) Defendant. ) ORDER AND OPINION SETTING FORTH FINDINGS OF FACTS AND CONCLUSIONS OF LAW ON THE ISSUE OF DIVISIBILITY OF HARM On October 2, 2023, the Court conducted a bench trial solely on the issue of Defendant’s divisibility of harm defense to Plaintiffs’ CERCLA claim. Pursuant to Rule 52(a) of the Federal Rules of Civil Procedure, and based on the evidence and arguments presented, the…