Legal Opinion

Bence v. Spinato

Court of Appeals of Wisconsin

Decided August 16, 1995No. 94-1575PublishedCited by 10 opinions

1Opinion of the CourtSnyder, J.

Jerome A. Bence appeals from a judgment dismissing his claim for damages he suffered as a result of removing underground storage tanks (USTs) on property that he leased to James A. Spinato. Bence argues that Spinato is responsible for the costs associated with the removal and clean up of the USTs because Spinato either owned the USTs or was liable under the terms of the lease. We conclude that Bence became the owner of the USTs by virtue of the original owner's abandonment and that the lease did not contemplate liability for the removal of the USTs.

Spinato cross-appeals from that portion of…

2Cases cited11 opinions

  1. State v. PettitCourt of Appeals of Wisconsin · 1992
  2. Bank of Sun Prairie v. OpsteinWisconsin Supreme Court · 1979
  3. State v. WilkeCourt of Appeals of Wisconsin · 1989
  4. Standard Oil Co. v. La Crosse Super Auto Service, Inc.Wisconsin Supreme Court · 1935
  5. Sgro v. Getty Petroleum Corp.District Court, D. New Jersey · 1994

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3Cited by10 opinions

  1. Walters v. National Properties, LLCWisconsin Supreme Court · 2005
  2. Westhaven Associates, Ltd. v. C.C. of Madison, Inc.Court of Appeals of Wisconsin · 2002
  3. Griffiths v. Office of the State Fire MarshalAppellate Court of Illinois · 1998
  4. McCraw Oil Co., Inc. v. PierceCourt of Civil Appeals of Oklahoma · 2003
  5. Walker v. Ranger InsuranceCourt of Appeals of Wisconsin · 2006

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

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