Cook v. DeSoto Fuels, Inc.

OPINION

GLENN A. NORTON, Judge.

Property owners sued DeSoto Fuels, Inc., alleging that gasoline leaking from tanks at DeSoto’s gas station had contaminated their land and groundwater. The trial court granted summary judgment in favor of DeSoto based on the statute of limitations, and the property owners appeal. We reverse and remand.

I. BACKGROUND

DeSoto owned and operated an Amoco gas station located near property owned by Claude and Mary Jeanne Cook. At some point, a leak allegedly developed in at least one of the three underground storage tanks (“USTs”) that supplied the sta tion with…